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2026 Supreme(Online)(Mad) 24690

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, P.B.Balaji, JJ
SANGILI.P – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
W.P(MD)No.1350 of 2022



Advocates:
For the Appellants/Petitioners: Mr.R.Gowrishankar
For the Respondents: Mr.G.V.Vairam Santhosh, M/s.K.Hema Karthikeyan, Mr.S.Saravana Kumar

Natural justice principles require prior notice before eviction orders can be issued, even if not explicitly mandated by statute.

Headnote:This writ petition under Article 226 of the Constitution was filed to challenge an eviction notice issued by the Commissioner of Cumbum Municipality. The Court quashed the order on the grounds of natural justice, as no prior notice was issued. The petition was allowed, giving liberty for the municipality to act according to the law.

Table of Content
1. commencement of court hearing. (Para 1)
2. court's observations on natural justice. (Para 2)

(Judgment of the Court was made by G.R.Swaminathan J.)

Heard both sides.

2.By the impugned order, the Commissioner, Cumbum Municipality had called upon the writ petitioner to remove the alleged encroachment. Before issuing the impugned order under Section 182 of the Tamil Nadu District Municipalities Act, 1920, no showcase notice was issued. It is true that the Act is silent about issuance of notice. However, the principles of natural justice will have to be read into such provisions. It is relevant to note that the new enactment contains a specific provision for issuing show cause notice. In this view of the matter, the order impugned in the writ petition is quashed. Liberty is given to the local body to take action as per law.

3.This Writ Petition is allowed accordingly. No costs.

Consequently, connected miscellaneous petitions are closed.

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