Natural justice principles must be adhered to in administrative eviction procedures under the Tamil Nadu Urban Local Bodies Act.

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.]

Challenge is to the order passed by the Assistant Commissioner, Tirunelveli Corporation under Section 128 (1) and (2) of the Tamil Nadu Urban Local Bodies Act, 1998 [hereinafter referred to as ''the Act''], requiring the petitioner to remove the encroachment.

2. One Kaliappan filed W.P.(MD)No.1556 of 2023 seeking Mandamus, directing the Tahsildar, Palayamkottai, to remove the encroachments over the street. The said Writ Petition was disposed of on 29.11.2023 with the following observations:-

''Heard Mr.S.M.Mohan Gandhi, learned counsel for the petitioner, Mr.P.Thilak Kumar, learned Government Pleader appearing for the respondents 1 and 3 and Mr.S.P.Maharajan, learned Standing counsel appearing for the second respondent.

2. The learned Government Pleader submits that the property in question would be surveyed and if any encroachment is found, action would be taken in accordance with law.

3. In view of the said statement, the Writ Petition is disposed of.

The property would be surveyed within a period of three months. No costs.''

3. After the said order, the Assistant Commissioner, Tirunelveli Corporation, issued a notice to the petitioner on 11.03.2024, directing the petitioner to remove the encroachment. This notice was subject matter of challenge in W.P.(MD)No.6771 of 2024.

4. Taking note of the fact that the provisions of Section 128 of the Act, require the respondents to issue a show cause notice to the alleged encroacher and also to consider the explanation offered by him before passing an order of eviction, the Division Bench of this Court directed the notice dated 11.03.2024 to be treated as a show cause notice and required the petitioner to file his objections within a period of two weeks and upon receipt of the objection, the authorities shall proceed in accordance with law after considering the explanation / objection. Thereafter, the petitioner has submitted an explanation on 19.03.2024. The same was received by the respondents on 20.03.2024. Thereafter, a notice was issued to have the land surveyed on 18.06.2024. The order impugned in the Writ Petition came to be passed on 06.08.2024.

5. Section 128 of the Act, which deals with removal of encroachments over the properties vested in the Urban Local Bodies, reads as follows:-

''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 or public place or the land belonging to or vested with the municipality with the municipal limit;

(b) remove any immovable structure whether permanent or of temporary nature encroaching the street or public place or the 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 seven 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 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 reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term less than one year. (emphasis supplied)''

6. The proviso to sub-section (1) of Section 128 of the Act casts an obligation on the authority to consider the objections if any received within time. This Court has granted two weeks time to the petitioner to submit his objections and objections have also been