The absence of a proper show cause notice renders the impugned order invalid under the Tamil Nadu Urban Local Bodies Act, necessitating quashing of the notice.

(made by M. SUNDAR, J.)

Captioned main ‘writ petition’ [hereinafter ‘WP’ for the sake of brevity]

has been filed praying for issue of a writ of certiorari qua a ‘notice dated

16.06.2025 bearing reference No.7905/2024/H1/S issued by R2 (Town Planner, Coimbatore Corporation)’ [hereinafter ‘impugned notice’ for the sake of convenience and clarity].

2. Mr. A.E. Ravichandran, learned counsel for writ petitioner, adverting to the impugned notice, submits that impugned notice is addressed to one Pushpalatha; that Pushpalatha is writ petitioner’s spouse; that impugned notice does not call upon noticee to show cause and therefore, it is not a show cause notice (SCN), much less a show cause notice within the meaning of Section 128 (1)(b) of 'the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999)' [hereinafter 'TNULB Act' for the sake of brevity], though the impugned notice, in the caption, specifically refers to Section 128 (1)(b) of the TNULB Act.

3. Issue notice to respondents.

4. Mr. N. Velmurugan, learned Standing Counsel for Coimbatore Corporation, accepts notice for both respondents and submits, on instructions, that land set apart for public purpose has been encroached upon by noticee qua impugned notice and the writ petitioner, by putting up a residential house which is hindering traffic and causing hazard to public health.

5. A perusal of the case file, in the light of the eco system i.e., scheme of statute qua the TNULB Act, we find that the matter turns on short technical points. Therefore, with the consent of learned counsel for both sides, captioned main WP was taken up and heard out.

6. After hearing out the captioned main WP, we have no hesitation in writing that the impugned notice deserves to be dislodged (set aside) by issuing a writ of certiorari and the reasons are as follows:

(i) Section 128 of the TNULB Act, as amended vide Tamil Nadu Act 35 of 2022 with effect from 13.04.2023, 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, public place, water body, tank, other water resources or any land belonging to or vested with the municipality with the municipal limit;

(b) remove any immovable structure whether permanent or of temporary nature encroaching street, public place, water body, tank, other water resources or any 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 15 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, water body, tank, other water resources 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 of less than one year.'

The impugned notice straightaway calls upon the noticee to remove the alleged encroachment within 15 days without calling up the noticee to show cause in 15 days. To be noted, if the noticee responds to the SCN by way of a representation, R1 (Commissioner) should pass ‘fina