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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Sundar, K. Govindarajan Thilakavadi, JJ
S. Abdul Khader – Appellant
Versus
Commissioner Villupuram Municipality Villupuram – Respondent
ORDER :
M. SUNDAR, J.
1. This common order will govern the captioned three main 'writ petitions' (hereinafter 'WPs' for the sake of brevity) and the captioned 'writ miscellaneous petitions' (hereinafter 'WMPs' for the sake of brevity) thereat.
2. In the captioned main WPs, three separate notices but all dated 03.08.2021 and all bearing reference 
(hereinafter 'impugned notices' for the sake of convenience and clarity) have been assailed by the three writ petitioners. A scanned reproduction of one of the impugned notices i.e., impugned notice in W.P.No.17541 of 2021 (S. Abdul Khader-writ petitioner) is as follows:
3. Mr. N. Suresh, learned counsel for writ petitioners in all WPs, Mr. P. Srinivas, learned counsel for RR 1 and 2 (Standing Counsel for Villupuram Municipality in W.P.No.17541 of 201), Mr.D.Ravichander, learned counsel representing Mr. K. Mohammed Hydher Ali, learned Standing Counsel for Villupuram Municipality in W.P. Nos.19502 and 20066 of 2021, Mr.V. Venkata Seshaiya, learned Standing Counsel for R3 (TANGEDCO) in all WPs and Mr.S.Sathish, learned counsel for R4 in all WPs, are before us.
4. This Court heard all the aforesaid counsel.
5. Learned Standing Counsel for Villupura
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 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 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 established that compliance with procedural requirements, specifically the issuance of a show cause notice, is essential in encroachment proceedings 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 held that procedural fairness requires that all representations must be duly considered before enforcing removal orders under the TNULB Act.
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.
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....
Show cause notices under local bodies acts cannot be challenged via writ; must await final decision after response.
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