BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MRS.JUSTICE R.KALAIMATHI W.P(MD)No.18842 of 2019 and W.M.P(MD)No.15176 of 2019 Chellathurai ... Petitioner Vs.

The Block Development Officer, Munchirai Panchayat Union, Munchirai, Kanyakumari District. ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Letter in Na.Ka.No. A9/2853/2016 dated 08.08.2019 sent by the respondent and set aside the same and direct the respondent not to proceed as against the petitioner's peaceful possession and enjoyment of the compound wall.

For Petitioner : Mr.M.R.Sreenivasan For Respondent : Mr.A.Baskaran Additional Government Pleader

JUDGMENT

(Judgment of the Court was made by G.R.Swaminathan J.)

Heard both sides.

2.The respondent has called upon the petitioner to take down the compound wall on the premise that it is posing danger to passers-by. Under Section 128 of the Tamil Nadu Panchayats Act, 1994 such action can be taken by the local body. It reads as follows: “128. Precautions in case of dangerous structures.

(1) If any structure adjoining a public road vested in a Panchayat Union Council or a Village Panchayat appears to the Commissioner or the Executive Authority, as the case may be, to be in a ruinous state and dangerous to the passers by, the Commissioner or Executive Authority may, by notice require the owner or occupier to fence off, take down, secure or repair such structure so as to prevent any danger therefrom.

(2) If immediate action is necessary, the Commissioner or Executive Authority shall himself, before giving such notice or before the period of such notice expires, fence off, take down, secure or repair such structure or fence off a part of any road or take such other temporary measures as he may think fit to prevent danger, and the cost of doing so shall be recoverable from the owner or occupier in the manner hereinafter provided.”

3.Though Section 128(1) does not contemplate the issuance of show cause notice, the principles of natural justice can very well be read into it. The impugned communication shall be treated as a show cause notice.

4.It is seen that the petitioner has already submitted his explanation. The respondent shall pass an appropriate order on the said representation and communicate his decision to the petitioner. If the decision is adverse to the petitioner, it shall not be enforced immediately. The petitioner shall be given breathing time of three weeks so that he can explore his remedies.

5.This Writ Petition is disposed of accordingly. No costs.

Consequently, connected miscellaneous petition is closed.

[G.R.S., J.] [R.K.M, J.]

24.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA G.R.SWAMINATHAN,J.

AND R.KALAIMATHI , J .

MGA To The Block Development Officer, Munchirai Panchayat Union, Munchirai, Kanyakumari District.

24.02.2026