Opportunity for detailed enquiry and representation before action on alleged encroachment.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus to call for the records of order dated 26.11.2021 vide proceedings in Na.Ka.No.E1/3742/2021/M3 on the file of 2nd respondent and quash the same and consequently direct the first respondent to consider the petitioner representation dated 29.12.2021 within stipulated time fixed by this Court.)

Common Order

T. Raja, J.

1. In these writ petitions, the impugned orders are identical. Therefore, it would be sufficient to refer to the facts in W.P. No.805 of 2022. W.P. No.805 of 2022 The petitioners have come to this Court, challenging the proceedings in Na.Ka.No.E1/3742/2021/M3 dated 26.11.2021 passed by the Assistant Commissioner, Zone-3, Tiruppur City Municipal Corporation, Tiruppur, the 2nd respondent herein and seeking a direction to the Commissioner, Tiruppur City Municipal Corporation, Tiruppur, the first respondent herein to consider their representation dated 29.12.2021 within a stipulated time fixed by this Court.

2. Learned counsel appearing for the petitioners submitted that the vacant land, measuring to an extent of 7 cents, comprised in S.No.237, (T.S. No.1185) situated at Kangeyam Palayam Pudhur, Pushpa Nagar, Tiruppur and Tiruppur District, originally belonged to one Muthusamy Gounder. While so, one Velumani had purchased the said property from him vide registered Sale Deed dated 30.09.1975 and after purchase, he constructed a house and resided there along with his family members by paying water tax, property tax etc. Learned counsel for the petitioners further submitted that the petitioner in W.P. No.805 of 2022 had purchased the above property for valid sale consideration through registered Sale Deed dated 01.03.1978 and thereafter, she has been enjoying the said property without any interruption. Thus, she became an absolute owner of the above property by paying necessary taxes. While so, the Assistant Commissioner, Zone-3, Tiruppur City Municipal Corporation, Tiruppur, the 2nd respondent herein passed impugned orders/notices dated 26.11.2021 under Sections 258(1)(2) and 441 (a) of the Tiruppur City Municipal Corporation Act, wherein the petitioners were directed to remove the building within seven days from the date of receipt of the impugned orders, which are invalid and unjustified.

3. Learned counsel for the petitioners further submitted that in the impugned orders, nowhere the respondents have stated the extent of the land, in which the petitioners have constructed their houses by encroaching the land belonging to the Corporation. Even in the written instruction dated 11.10.2021, the respondents have not mentioned as to which portion of the property has been identified as encroachment. Therefore, when the respondents have not made any definite extent or other particulars about the encroachment against the petitioner, a detailed enquiry could be conducted and based on the enquiry, the respondents can take further action in the manner known to law and the petitioners will co-operate with the enquiry to be conducted.

4. Reiterating the averments made in the counter affidavits filed by the Commissioner, Tiruppur City Municipal Corporation, Tiruppur, the first respondent herein, learned Additional Advocate General appearing for respondents 1 and 2 submitted that the petitioners have purchased certain extent of land from different vendors in Pushpa Nagar and Periya Thottam Santhu in respective S.Nos.237, 238 and 238/1 (T.S. Nos.1185 and 1186/1) and constructed houses in such land and they are residing in the same place by paying necessary taxes to the competent authority. On 28.10.2021, a complaint was given by the Pushpa Nagar Residence Welfare Association to the District Revenue Officer of Tiruppur to stop the sale of educational purpose reserve land in Old T.S. Nos.237 and 1185, Tiruppur Town by the individual person and the same was forwarded to the Commissioner of Tiruppur for taking necessary and