Encroachers must be given an opportunity to represent before removal under the Tamil Nadu Urban Local Bodies Act.

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

Show cause notice issued by the Executive Authority of Town Panchayat for removing the encroachment is under challenge in the present writ petition.

2. The authorities identified encroachments based on the complaint given by the traders, and after conducting survey, issued show cause notice for removal of encroachments. Encroachers filed the present writ petition, mainly on the ground that, no opportunity was given to them. Notice would indicate that the encroachers themselves may vacate the encroached portion within the time limit stipulated, and in alternate submit their explanation along with the documents, if any, to the authorities, who in-turn is bound to consider the same, and thereafter, take a final decision for removal of encroachments.

3. This being the procedure as contemplated under the Tamil Nadu Urban Local Bodies Act, more specifically under Section 128, petitioner is at liberty to submit his representation, if any, within a period of ten days from the date of receipt of a copy of this order, and on receipt of the same, the authorities may take a final decision and remove the encroachments.

4. As far as the claim of the petitioner is are concerned, he is at liberty to submit his application to the competent authority for grant of permission in the vending zone enabling him to run his business. It is needless to state that vending or hawking must be done within the zone earmarked by the Committee under the provisions of the Act. However, encroachers can never be allowed causing obstruction to other traders.

5. Thus, respondents shall proceed with the eviction proceeding and conclude the same within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above directions, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed.