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SANJAY V. GANGAPURWALA, D. BHARATHA CHAKRAVARTHY
S. K. Balasundaram – Appellant
Versus
District Collector, Salem District – Respondent
ORDER :
Sanjay V. Gangapurwala, J.
(Prayer : Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records relating to the notice issued by the third respondent in Na.Ka.No.1736/2023/F1 dated 07.11.2023 (served on 08.03.2024) under Section 128 of the Tamil Nadu Urban Local Bodies Act, (Amended) 1998, quash the same.)
1. We have heard Mr.V.Elangovan, learned counsel for the petitioners and Mr.C.Kathiravan, learned Special Government Pleader, for the respondents.
2. The petitioners are challenging the notice issued under Section 128 of the Tamil Nadu Urban Local Bodies Act (Amended), 1998, for removal of encroachment on a waterbody.
3. The learned counsel for the petitioners submits that initially, WP No.11703/2016 was filed by one Vedachalam, alleging encroachment on the part of the first petitioner herein. The first petitioner was respondent No.5 in the said writ petition.
4. This Court, recorded the statement of the District Collector, that the encroacher has been evicted. In view of the same, the writ petition was disposed of. Subsequently, on 22.11.2023, a notice was issued to both the petitioners herein for removal of encro
The court's decision was influenced by the lack of consideration of the petitioners' reply and non-application of mind by the respondents in issuing the notice for removal of encroachment on a waterb....
A petitioner cannot re-litigate issues previously adjudicated without demonstrating any legal entitlement, especially in matters relating to public land usage.
A writ petition challenging a preliminary statutory notice for encroachment is premature; the aggrieved party must first submit an explanation to the authority, which is then obligated to consider su....
Show cause notices under local bodies acts cannot be challenged via writ; must await final decision after response.
The court established that an impugned notice for removal of encroachment must be treated as a show cause notice if a response is provided, ensuring compliance with procedural fairness.
Local authorities must provide due process and opportunity to respond before taking action on notices regarding land encroachments.
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