IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.11.2025 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE MR.JUSTICE R.SAKTHIVEL W.P.No.46806 of 2025 and W.M.P.No.52251 of 2025 K.A.Azeez Basha ...Petitioner Vs.

1.The District Collector, O/o.District Collector Office, Ranipet, Ranipet District.

2.The Tahsildar, O/o.Tahsildar Office, Walaja Taluk, Ranipet District.

3.The Commissioner (Municipality), Melvisharam Municipality, Melvisharam, Ranipet. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records relating to the impugned notice in Na.Ka.No.1658/2025/F1 dated 19.11.2025 passed by the 3rd respondent and quash the same. For Petitioner : Mr.I.Abdul Basith For Respondents : Mr.U.M.Ravichandran Special Government Pleader

ORDER

(Order of the Court was made by M.S.RAMESH,J.)

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2.The main ground on which the notice of removal of encroachment dated 19.11.2025 has been issued is that the statutory mandated show cause notice under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1988 (hereinafter referred to as ‘the Act’), was not issued.

3.A perusal of the impugned order does not reveal any prior show cause notice for removal of the encroachment. Even the 15 days opportunity for the encroacher to respond is also absent in the said impugned order. However, the petitioner, from the various grounds raised in this Writ Petition, appears to have some explanation against the proposed action. In this background, we are of the view that if the present order dated 19.11.2025 is directed to be treated as a show cause notice under Section 128 of the Act and thereby grant opportunity to the petitioner to render his explanation, the ends of justice could be secured.

4.Accordingly, the impugned notice in Na.Ka.No.1658/2025/F1, dated 19.11.2025, is directed to be treated as a show cause notice under Section 128 of the Act and the petitioner is called upon to give his explanation within a period of 15 days from the date of receipt of a copy of this order. On receipt of any such reply to the show cause notice from the petitioner, the respondents herein shall consider it on its own merits and pass appropriate orders in accordance with law.

5.With the above directions, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

[M.S.R.,J] [R.S.V.,J]

27.11.2025 Index:Yes/No hvk To

1.The District Collector, O/o.District Collector Office, Ranipet, Ranipet District.

2.The Tahsildar, O/o.Tahsildar Office, Walaja Taluk, Ranipet District.

3.The Commissioner (Municipality), Melvisharam Municipality, Melvisharam, Ranipet.

M.S.RAMESH, J.

and R.SAKTHIVEL, J.

hvk

27.11.2025