Show cause notices under local bodies acts cannot be challenged via writ; must await final decision after response.

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

The Writ on hand has been instituted challenging the notice issued under Section 128 of the Tamil Nadu Urban Local Bodies Act in proceeding dated 12.07.2024.

2. The said show cause notice would not provide a cause for instituting a Writ proceeding. The petitioner is at liberty to submit his explanation along with documents, if any, to the Authorities in response to the show cause notice. Thereafter, the Commissioner, Coimbatore Corporation has to consider the explanation, if any, submitted and has to take a final decision on merits and in accordance with law and thereafter, if any, encroachments are identified and confirmed, enforcement actions are to be continued to remove the encroachments by following all further procedures as contemplated under law. The said exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

3. With these observations, this Writ Petition is dismissed. No costs.