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2026 Supreme(Online)(Mad) 24692

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, P.B.Balaji, JJ
P.Veerapathiran – Appellant
Versus
The District Collector, Theni District, Theni. – Respondent
W.P(MD)No.1352 of 2022 | W.M.P(MD)Nos.1194 & 1197 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 must be observed even if an act does not explicitly require notice; the order impugned was quashed accordingly.

Headnote:In the context of the impugned notice issued under Section 182 of the Tamil Nadu District Municipalities Act, 1920, the court observed that principles of natural justice must be applied, despite the Act being silent on notice issuance. The order impugned was quashed, allowing local bodies to act in accordance with the law. The judgment concluded with the statement that the Writ Petition is allowed, and no costs are awarded.

Table of Content
1. heard both sides regarding eviction. (Para 1)
2. natural justice must be applied in enforcement actions. (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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