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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.SUNDAR, K.GOVINDARAJAN THILAKAVADI
J.K.S. Sathathunisa – Appellant
Versus
District Collector, Krishnagiri – Respondent
ORDER :
1. Captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity) has been filed inter alia assailing a 'notice dated 24.12.2024 bearing reference Na.Ka.No.794/2024/A1 issued by R4 [the Executive Officer, Kaveripattinam Town Panchayat, Krishnagiri District]' (hereinafter 'impugned notice' for the sake of brevity, convenience and clarity).
2. Ms.Chitra Sampath, learned senior counsel instructed by Mr.T.S.Baskaran, learned counsel on record for writ petitioner, adverting to the impugned notice, submitted that the impugned notice has been issued under Section 128 of 'The Tamil Nadu Urban Local Bodies Act, 1998 (Act 9 of 1999)' (hereinafter 'TNULB Act' for the sake of convenience and clarity) but it has not called upon the writ petitioner to show cause in seven days. On the contrary, it straightaway calls upon the writ petitioner to remove alleged encroachment within seven days, is learned senior counsel's say.
3. Issue notice.
4. Mr.T.K.Saravanan, learned Additional Government Pleader, accepts notice for official respondents i.e., R1 to R4.
5. The scope of captioned main WP is substantially narrow, legal drill on hand is very limited and therefore, with the consent of le
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.
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.
The Commissioner validly delegates powers to issue notices for removal of encroachments to subordinate officers for speedy enforcement, with affected persons entitled to submit explanations before ac....
The court held that procedural fairness requires that all representations must be duly considered before enforcing removal orders 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 emphasized the necessity of treating notices as show cause notices, ensuring compliance with principles of natural justice by allowing petitioners to respond.
Local authorities must provide due process and opportunity to respond before taking action on notices regarding land encroachments.
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