IMPORTANT POINT
The court clarified the procedural requirements for issuing show cause notices under the TNULB Act, emphasizing the need for consideration of responses before final orders.

ORDER :

(M. Sundar, J.) :

In the captioned 'Writ Petitions' {hereinafter 'WPs' in plural and 'WP' in singular for the sake of brevity, convenience and clarity}, 'two notices both bearing reference issued in the June of 2024, signed by R1 (the Commissioner, Coimbatore Municipal Corporation, Coimbatore - 641 001) on 24.06.2024' {hereinafter 'impugned notices' for the sake of brevity} have been called in question.

2. Scanned reproduction of two notices are as follows:

Impugned notice in W.P.No.19168 of 2024:

Impugned notice in W.P.No.19174 of 2024:

3. One of the contentions of writ petitioners is that R1 does not have jurisdiction to issue aforementioned notices straightaway.

4. Issue notice.

5. Mr.N.Velmurugan, learned standing counsel accepts notice for all three respondents.

6. We wanted to know from the learned standing counsel the provision of law under which the impugned notices have been issued.

7. Learned standing counsel submitted that the impugned notices have been issued under 'the Tamil Nadu Urban Local Bodies Act, 1998' {hereinafter 'TNULB Act' for the sake of brevity}.

8. Considering the limited legal perimeter within which the captioned WPs should now perambulate, with the consent of both sides, main WPs were taken up. W.P.Nos.19168 & 19174 of 2024.

9. A careful perusal of TNULB Act and TNULB Rules thereunder being Tamil Nadu Urban Local Bodies Rules, 2023 makes it clear that impugned notices are traceable to Section 128(1)(b) of TNULB Act. Section 128(1)(b) of TNULB Act provides for alleged encroacher being show caused and given seven days time. Proviso thereat also says that if any representation has been received within that seven days period, the same should be considered by the authority concerned before passing final orders.

10. In the light of the narrative thus far, the following order is passed :

(i) Impugned notices both bearing reference issued in the June of 2024, signed by R1 (the Commissioner, Coimbatore Municipal Corporation, Coimbatore - 641 001) on 24.06.2024 are now to be treated as 'Show Cause Notices' {hereinafter 'SCNs' for the sake of brevity} within the meaning of Section 128(1)(b) of TNULB Act;

(ii) Writ petitioners shall be treated as noticees and writ petitioners shall send their responses to SCNs W.P.Nos.19168 & 19174 of 2024 within seven days from today i.e., on or before 19.07.2024;

(iii) Thereafter, R1 shall consider the responses and take a call on its own merits and in accordance with law, untrammeled by this order;

(iv) Take a call means either drop the proceedings or proceed with the removal of encroachment and it includes any other action permissible in law i.e., more particularly, TNULB Act and TNULB Rules therein;

(v) In the light of proviso to Section 128(1)(b) of TNULB Act, if any representation is received within seven days window provided supra, R1 shall consider the same before passing final orders;

(vi) We make it clear that all the rights and contentions of both sides are preserved qua Statutory drill under TNULB Act/TNULB Rules and further proceedings, if any and if that be so;

(vii) While considering the responses to impugned notices which have now become SCNs, we make it clear that it is open to R1 to hold personal hearing, if deemed necessary which in turn will depend on the nature of W.P.Nos.19168 & 19174 of 2024 responses. We also actually make it clear for the sake of specificity that as it is not imperative for R1 to hold personal hearing and it is only discretionary and it will depend on the nature of responses to SCNs. This limb is owing to language in which Section 128(1)(b) of TNULB Act and proviso thereat are couched as the same only provide for being show caused and does not make for personal hearing statutorily imperative.

Captioned WPs are disposed of vide this common order with the preservation of rights in the aforesaid manner and observations/directives as above. Consequently, captioned Writ Miscellaneous Petitions thereat are disposed of as closed. The