Authorities issuing show-cause notices must adhere to designated roles and principles of natural justice, providing affected parties a chance to respond before any encroachment actions are taken.

ORDER :

M.SUNDAR, J.

In captioned 'Writ Petitions' ['WPs' in plural and 'WP' in singular for the sake of brevity], two notices, both signed by R1 (Commissioner, Tambaram Municipal Corporation) on 12.08.2024 and captioned 'Show- cause Notice' ['SCN' in singular and 'SCNs' in plural for the sake of brevity] have been assailed. These two notices shall be collectively referred to as 'impugned notices' for the sake of brevity, convenience and clarity.

2. Mr.G.Mohammed Aseef, learned counsel on record for the writ petitioners is before us. Adverting to the impugned notices, learned counsel submits that the subject matter of impugned notices is 'land comprised in Survey No.372/1, Town Survey No.2, Ward G, Block 5 in Jameen Pallavaram Village, Tambaram Corporation, Zone – 2, Chengalpattu District and the brick and mortar superstructure standing on the same' [hereinafter 'said property' for the sake of convenience and clarity].

3. Learned counsel for writ petitioners submits that R1 does not have the authority to issue SCNs as the same are under the 'Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Tamil Nadu Act 8 of 2007)' {hereinafter 'Tanks Act' for the sake of convenience, clarity and brevity}. Notwithstanding this position, writ petitioners have responded to the impugned notices in and vide objections dated 27.03.2025 but without considering the objections or passing appropriate orders, hectic efforts are underway to remove writ petitioners from said property branding them as 'encroachers' under Tanks Act is learned counsel's further say.

4. Issue notice to respondents.

5. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for all four respondents and submits that one Mr.S.P.Gandhi {President of Pallavaram 13^th Ward Kudiiruppor Podhu Nala Sangam} filed a writ petition in W.P.No.10863 of 2024 with a plea for removal of encroachment/s, the same came to be disposed of by a Hon'ble Division Bench on 22.04.2024 and the impugned notices have been issued pursuant to such orders.

6. This Court carefully considered the case file and the submissions.

7. This Court finds that the scope of the captioned WPs is very limited and therefore, with the consent of learned counsel on both sides, main WPs were taken up in the Admission Board.

8. The first point urged by learned counsel for writ petitioners is a jurisdiction point. A perusal of the impugned notices styled 'SCNs' makes it clear that the same have been issued by R1 purportedly under Section 6(3) of Tanks Act. Section 6(3) talks about publication of a notice in the prescribed manner pointing out the boundaries of the Tank. Therefore, this provision does not enure to the benefit of the respondents insofar as impugned notices i.e., SCNs are concerned.

9. Before we proceed further, it is necessary to respectfully advert to order dated 22.04.2024 made by another Hon'ble Division Bench in W.P.No.10863 of 2024 about which there is allusion supra. Paragraph 2 of this 22.04.2024 order makes it clear that Survey No.372 has been sub- divided into Survey Nos.372/1, 372/2 and 372/3 which are pond, pattai and temple respectively. To be noted, as regards impugned notices, we are concerned only with Survey No.372/1, which is a pond. This means that the ratio laid down by a Hon'ble Full Bench of this Court in T.K.Shanmugam case i.e., T.K.Shanmugam Vs. The State of Tamil Nadu and others reported in 2015 SCC OnLine Mad 9343 comes into play. In T.K.Shanmugam, the procedure to be followed as regards removal of encroach