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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MANINDRA MOHAN SHRIVASTAVA, C.J., G.ARUL MURUGAN
R. Jaya W/o.Raj – Appellant
Versus
District Collector Chennai District – Respondent
| Table of Content |
|---|
| 1. overview of the notice and its implications. (Para 2 , 5) |
| 2. arguments made by the petitioner and respondent. (Para 3 , 4) |
| 3. court's analysis on notice's validity and legal standards. (Para 6 , 7 , 9 , 10 , 11 , 12 , 13 , 15) |
| 4. legal principles regarding premeditated action in notices. (Para 8 , 14) |
| 5. conclusion directing fresh proceedings for compliance with natural justice. (Para 16 , 17) |
ORDER :
MANINDRA MOHAN SHRIVASTAVA, C.J.
With consent of the parties, this writ petition is heard finally.
2. Challenge is to the notice dated 15.09.2025 on the sole ground that despite the order of this Court passed earlier on 19.11.2024 in W.P.No.33832 of 2024 [ G.Babu v. The District Collector, Chennai and others ], straightaway a removal order has been slapped on the face of the petitioner.
3. Learned counsel for the petitioner would submit that the order of this Court required the respondent authorities to show cause by supplying a copy of the inspection report, so that the petitioner could defend and satisfy the authority that it is not a case of encroachment.
4. Learned counsel for the respondent Corporation would submit that the notice issued on 15.09.2025 is in the nature o
An administrative notice that precludes an opportunity for defense contravenes principles of natural justice and cannot sustain legal scrutiny.
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.
Challenging a Show Cause Notice invoking a court's writ jurisdiction is premature and discouraged by the mandate of the law. A Show Cause Notice does not give rise to a cause of action unless there i....
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.
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