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2026 Supreme(Online)(Mad) 24691
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, P.B.Balaji, JJ
P.Senkodi – Appellant
Versus
The District Collector, Theni District, Theni. – Respondent
W.P(MD)No.1351 of 2022
Important Points
Subject
Administrative Law - Writ Jurisdiction
Act Referred
Headnote
For the Appellants/Petitioners: Mr.R.Gowrishankar
For the Respondents: Mr.G.V.Vairam Santhosh, M/s.K.Hema Karthikeyan, Mr.S.Saravana Kumar
| Table of Content |
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| 1. hearing of both sides is crucial. (Para 1) |
| 2. principles of natural justice must be upheld. (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.
