Madras High Court
Palanichamy vs The Revenue Divisional Officer on 26 September, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan, B.Pugalendhi
W.P.(MD)No.22912 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.09.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.22912 of 2024
and
W.M.P.(MD)Nos.19483 & 19484 of 2024
Palanichamy ... Petitioner
Vs.
1.The Revenue Divisional Officer,
Periyakulam Taluk,
Theni District.
2.The Tahsildar,
Aundipatti Taluk,
Theni District.
3.The Executive Officer,
Aundipatti Town Panchayat,
Theni District. ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a
Writ of Certiorari, to call for the records pertaining to the order passed by the
3rd respondent in Na.Ka.No. 921/2024 dated 09.09.2024, quash the same as
illegal, arbitrary, unconstitutional.
1/4
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.22912 of 2024
For Petitioner :Mr.P.Velmurugan
For Respondents :Mr.K.Balasubramani
Special Government Pleader for R1 & R2
: Mr.M.Sarangan for R3
ORDER
Heard both sides.
2. By the impugned order, the third respondent had called upon the
petitioner to remove the petition mentioned encroachment. The order has been
passed under Section 128(1)(2) of the Tamil Nadu Urban Local Bodies Act,
1998. The said provision is as follows:-
“128.Power to remove encroachment from public place:-
(1) The Commissioner may -
(a) remove without any notice any movable temporary structure,
enclosure, stall, booth any article whatsoever hawked exposed or displayed
for sale or any other thing whatsoever by way of encroaching street or public
place or the land belonging to the departments of the Central or State
Governments within the municipal limit-
(b) remove any immovable structure whether permanent or of
temporary nature encroaching the street or public place or the land belonging
to the department of the Central or State Governments within the municipal
limit, after issuing a show cause notice for such removal, returnable within a
period of seven days from the date of receipt thereof:
provided that the Commissioner shall consider any representation
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received within the time limit, before passing final orders.
(2) Whoever makes any encroachment in any land or space (not
being private property) in any public street or any land belonging to the
departments of the Central or State Governments within the municipal limit,
shall on conviction be punished with imprisonment which shall not be less
than one year but which may extend to three years and with fine which my
extend to twenty thousand rupees:
provided that the court may for any adequate or special reasons to
be mentioned in the Judgment impose a sentence of imprisonment for a term
of less than one year.”
3. It is obvious that before taking coercive action, the principles of
natural justice has to be complied with. The authority is obliged to issue notice.
In this case, without issuing notice, the impugned order had been passed
straight away. This is clearly incorrect. Hence, we direct that the impugned
order shall be treated as show cause notice. The petitioner is given four weeks
time to respond. The authority will act as per law thereafter.
4. The Writ Petition is disposed of. No costs. Consequently,
connected miscellaneous petitions are closed.
[G.R.S., J.] [B.P., J.]
26.09.2024
NCC : Yes / No
Internet : Yes / No
Index : Yes / No
rmi
https://www.mhc.tn.gov.in/judis
G.R.SWAMINATHAN, J
and
B.PUGALENDHI, J.
rmi
To
1.The Revenue Divisional Officer,
Periyakulam Taluk,
Theni District.
2.The Tahsildar,
Aundipatti Taluk,
Theni District.
26.09.2024
https://www.mhc.tn.gov.in/judis
