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2026 Supreme(Online)(Mad) 26019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
S.Velmani – Appellant
Versus
The State Of Tamil Nadu – Respondent
WP No. 307 of 2024
For the Petitioner(s): Mr.D.Baskar
For the Respondent(s): Mr.T.Arunkumar Additional Government Pleader For R1 And R4
Impugned encroachment notice treated as show cause notice; petitioner to respond before enforcement action.
Headnote:Under Article 226 of the Constitution of India, the petitioner challenged an interdepartmental communication alleging encroachment on Tamil Nadu Housing Board land. The court noted prior notice on 22.09.2023 ignored by petitioner, finding administrative action warranted for enforcement under relevant statutes. Impugned order treated as show cause notice requiring petitioner response within two weeks, with final decision and enforcement if needed within twelve weeks. Issues framed as validity of communication for encroachment removal absent due process. Ratio: Prior notice and time lapse justify treating communication as show cause notice, mandating response and reasoned decision before action. Writ petition dismissed.
| Table of Content |
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| 1. challenges interdepartmental communication on alleged encroachment despite prior notice. (Para 1 , 2) |
| 2. dismisses writ; directs final decision and enforcement if required. (Para 4) |
(Order of the Court was made by S.M.Subramaniam J.)
The interdepartmental communication dated 29.11.2023 issued by the Executive Engineer cum Administrative Officer, Villupuram Housing Board Division addressed to Tahsildar, Cuddalore, and a copy marked to the petitioner is under challenge in the present writ petition.
2. Perusal of the said interdepartmental proceeding to show that the petitioner encroached upon the land belongs to the Tamil Nadu Housing Board and commenced construction activities. Housing Board sent a notice on 22.09.2023, which is refered in the impugned order, and despite the notice, petitioner failed to vacate the encroachment. Thus, tje impugned letter has been addressed to the Tahsildar for initiation enforcement action under the relevant provisions of the Statutes and Rules.
3. In view of the fact that said impugned communication was issued on
20.11.2023, and an earlier notice was sent by Tamil Nadu Housing Board on 22.09.2023 to the petitioner, and considering the fact that three years lapsed, the impugned order shall be treated as a show cause notice, and in response to the said notice, petitioner is at liberty to submit his explanations, along with the documents, if any, within a period of two weeks from the date of receipt of a copy of this order. On receipt of any such explanation, competent authority/respondent shall consider the same, taken a final decision and if any encroachments are identified, then proceed with the enforcement action by following the procedure as contemplated under law. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.
4. Accordingly, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed.
