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M. SUNDAR, K. GOVINDARAJAN THILAKAVADI
Surapet Pavani Palms Flat Owners Association, Rep. by its Vice President – Appellant
Versus
Commissioner Greater Chennai Corporation – Respondent
ORDER :
M.Sundar, J.
Captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity} has been filed in this Court on 16.07.2024 with a Certiorarified Mandamus prayer qua 'proceedings dated 26.06.2024 bearing reference Ma.A.3.Na.Ka.No.3754/2024 made by R2 (the Zonal Officer, Zone-3, Greater Chennai Corporation, No.1, Thattankulam Road, Madhavaram, Chennai-600 060.)' {hereinafter 'impugned proceedings' for the sake of convenience and clarity}.
2. Mr.S.Illamvaludhi, learned counsel on record for WP petitioner, adverting to impugned proceedings submits that R2 has issued the impugned proceedings without show causing the noticee.
3. Issue notice to respondents i.e., notice regarding admission.
4. Mr.G.T.Subramanian, learned counsel accepts notice for R1 to R3. Mr.P.Srinivasan, (Enrol.No.511/1993), learned counsel with address for service at No.248, New Additional Law Chambers, High Court, Chennai-600 104, accepts notice for R4.
5. Learned counsel submits that impugned proceedings pertains to encroachment in a public pathway and therefore, the same has been made under the 'Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999) {hereinafter 'TNULB Act' for the sake of brev
The court established that compliance with procedural requirements, specifically the issuance of a show cause notice, is essential in encroachment proceedings under the TNULB Act.
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.
The court ruled that a notice issued under Section 128 of the TNULB Act must allow the petitioner to respond before any coercive action is taken.
The court held that procedural fairness requires that all representations must be duly considered before enforcing removal orders under the TNULB Act.
A petitioner cannot re-litigate issues previously adjudicated without demonstrating any legal entitlement, especially in matters relating to public land usage.
The court emphasized the necessity of treating notices as show cause notices, ensuring compliance with principles of natural justice by allowing petitioners to respond.
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....
The court mandated a survey of encroached public land and outlined procedural requirements for addressing encroachments under the Tamil Nadu Urban Local Bodies Act.
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