The court mandated a survey of encroached public land and outlined procedural requirements for addressing encroachments under the Tamil Nadu Urban Local Bodies Act.

ORDER

M.SUNDAR, J.

Subject matter of captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity) is a 'land comprised in R.S.Nos.1754/1, 1752/2 Part of Tondiarpet Division of Chennai Corporation, Chennai' (hereinafter 'said land' for the sake of convenience and clarity).

2. Ms.Anna Mathew, learned counsel on record for writ petitioner submits that said land is a public road, there is encroachment in said land and that the alleged encroachers are private respondents (R5 to R10).

3. Repeated requests and representations to official respondents have not yielded results and that has necessitated captioned main WP with a mandamus prayer is learned counsel's say.

4. Issue notice to official respondents.

5. Ms.Rekha Roshini G, learned counsel representing Mr.S.Gopinathan, learned Standing Counsel accepts notice for R1 to R3 and Ms.V.Vijayalakshmi, learned Standing Counsel accepts notice for R4.

5. We find that survey qua said land is imperative and therefore we suo motu implead Tahsildar, Tondiarpet Taluk, Chennai – 600 081 as R11. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for R11.

6. This Court is of the considered view that survey of said land by R11 is to be done and survey report has to be drawn up and if encroachment is found in survey, further action in accordance with law can follow.

7. Learned Additional Government Pleader submits that survey can be done by R11 but if encroachment is found in the survey, action has to be initiated only by Greater Chennai Corporation (GCC) as said land i.e., public road vests in GCC. This submission is recorded.

8. Learned State counsel also submits that survey can be conducted in four weeks from today i.e., on or before 21.04.2025.

9. In the survey, if encroachments are noticed and if action for removal of encroachment is initiated by GCC, be it private respondents/R5 to R10 or any other alleged encroacher, he/she or such entity has to be put on notice and given an opportunity. In this regard, learned Standing Counsel for GCC who accepts notice for R1 to R3 submits that action if any will be under Section 128 of TNULB Act. This means that if encroachments are found alleged encroachers be it R5 to R10 or any other individual/entity will be show caused by issue of Show Cause Notice (SCN) returnable in fifteen days.

10. In the fifteen days window, if any representation is received R1 will have to make final orders considering the representation. For the sake of convenience and clarity, we deem it appropriate to extract and reproduce Section 128 of TNULB Act as amended and as it stands today:

'128. Power to remove encroachment from public place. -

(1) The Commissioner may, -

(a) remove without any notice any movable temporary structure, enclosure, stall, booth, any article whatsoever hawked, exposed or displayed for sale or any other thing whatsoever by way of encroaching street, public place, water body, tank, other water resources or any land belonging to or vested with the municipality with the municipal limit;

(b) remove any immovable structure whether permanent or of temporary nature encroaching street, public place, water body, tank, other water resources or any land belonging to municipality or vested with the municipality within the municipal limit, after issuing a show cause notice for such removal, returnable within a period of fifteen days from the date of receipt thereof:

Provided that the Commissioner shall consider any representation received within the time limit, before passing final orders.

(2) Whoever makes any encroachment in any land or space (not being private property) in any public street, water body, tank, other water resources or any land belonging to or vested with the municipality within the municipal limit, shall, on conviction, be punished with imprisonment which shall not be less than one year but which may extend to three years and with fine which may extend to [fifty thousand rupees]:

Provided that the Court may, for any adequate or special