Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
A.D.Maria Clete, S.M.Subramaniam
S.Sebastin – Appellant
Versus
Commissioner, Madurai Corporation – Respondent
| Table of Content |
|---|
| 1. challenge to final orders on encroachments (Para 1 , 2) |
| 2. lack of opportunity and detailed enquiry argument (Para 3) |
| 3. process for removal of encroachments outlined (Para 4 , 5 , 6) |
| 4. dismissal of writ petitions with no costs (Para 7) |
ORDER :
S.M.SUBRAMANIAM, J.
These writ petitions have been instituted challenging the final orders, all dated 24.06.2025, passed by the second respondent, under Section 128 (1, 2) of the Tamilnadu Urban Local Bodies (Amendment) Act, 2022 (hereinafter, referred to as “the Act, 2022”).
2. It is not in dispute that show cause notices were issued to the petitioners by the Madurai Corporation vide proceedings dated 19.03.2025. In response to the said notice, some of the petitioners have submitted their representation / explanation to the authority concerned. Thereafter, the authority concerned identified the encroachments and considered the representations submitted. If at all any of the petitioners have not submitted their representation / explanation in response to the show cause notice, it is presumed that they have not availed the opportunity as provided by the authority concerned under the said Act. Thus, they cannot claim any further o
The authority can validly remove encroachments after issuing show cause notices, and petitioners must engage in the provided procedural opportunities; failing to do so negates their claims for furthe....
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.
An administrative notice that precludes an opportunity for defense contravenes principles of natural justice and cannot sustain legal scrutiny.
The court upheld the validity of removal orders under the Tamil Nadu Land Encroachment Act, confirming that proper procedure was followed in providing notice and opportunity for the petitioners to re....
Show cause notices under local bodies acts cannot be challenged via writ; must await final decision after response.
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'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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
