Writ challenging show cause notice for encroachment not maintainable; petitioners must submit explanation for authority's consideration before eviction.

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

The show cause notice issued by the competent Authority of Chennai Corporation dated 17.03.2023 is under challenge in the present Writ proceedings.

2. The show cause notice would provide no cause for institution of Writ proceedings. The petitioners on receipt of notice are at liberty to submit their explanation along with documents, if any. On receipt of any such explanation, the respondents have to consider the same and thereafter take a final decision and proceed with the enforcement action for removal of encroachments. The procedures as contemplated for eviction of encroachments are to be followed.

3. In the present case, since the Writ Petition has been instituted challenging the show cause notice, this Court is not inclined to entertain the Writ petition. However, the petitioners are at liberty to submit their explanation within a period of 10 days from the date of receipt of a copy of this order and if any, explanation is received, the same shall be considered by the Authorities and thereafter a final decision is to be taken. If any encroachments are identified, they shall proceed with the eviction of encroachments. The entire exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.