A prior show cause notice is necessary before issuing eviction; due process must be adhered to.

(Order of the Court was made by N.SATHISH KUMAR, J.)

This Writ Petition has been filed challenging the impugned eviction notice issued by the respondent dated 11.02.2026 and also seeking for a consequential direction to the respondent to afford opportunity to put forth her title documents and to survey the property as per the revenue records.

2. According to the petitioner, she is the owner of the subject property and has not encroached upon any land. However, the respondent issued the impugned eviction notice under Section 128 of the Tamil Nadu Urban Local Bodies (Amendment) Act, 2022, directing her to remove the alleged encroachment of 22.20 sq.m. in T.S. No.19, Block No.33, relating to Door No.33. The learned counsel appearing for the petitioner would submit that the respondent issued the impugned eviction notice dated 11.02.2026 without issuing any show cause notice. Therefore, the impugned notice is liable to be set aside.

3. The learned counsel appearing for the respondent would submit that since the petitioner has encroached the land, the respondent issued the impugned eviction notice. Hence, he prays for dismissal of this Writ Petition.

4. In view of the above, we are of the view that since no show cause notice was issued prior to the issuance of the impugned eviction notice, the petitioner is directed to treat the impugned eviction notice dated 11.02.2026 as a show cause notice and submit an explanation to the said notice within a period of two weeks from today. Upon receipt of such explanation from the writ petitioner, the respondent shall consider the same on merits and thereafter proceed in accordance with law.

5. With the above directions, this writ petition is disposed of.

There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.