Madras High Court
Thilagavathi vs The Commissioner on 3 January, 2025
Author: M.Sundar
Bench: M.Sundar
W.P.No.37767 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.No.37767 of 2024
and
W.M.P.No.40837 of 2024
Thilagavathi
S/o.Janagiraman ... Petitioner
Vs.
The Commissioner
Madurantakam Municipality
Chengalpattu District. ... Respondent
Prayer :
Writ Petition filed under Article 226 of The Constitution of India
praying to issue a Writ of Certiorarified Mandamus, calling for the records
relating to the order dated 18.11.2024 passed by the respondent herein in
Na.Ka.No.1590/2024/F1, quash the same and consequential direction
directing the respondent herein to not to dispossess the petitioner from Door
No.7A, Hospital Road, Madurantakam Town and Taluk, Chengalpattu
District situated in Survey No.976, 977/3 without due process of law.
Page Nos.1/7
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W.P.No.37767 of 2024
For Petitioner : Mr.G.Magesh Kumar
For Respondent : Mr.P.Srinivas
Standing Counsel
ORDER
[Order of the Court was made by M.SUNDAR, J.,]
Captioned main 'Writ Petition' {hereinafter 'WP' for the sake of
brevity} was listed in the Admission Board yesterday (02.01.2025), the
following proceedings were made:
M.SUNDAR, J.
and
K.RAJASEKAR, J.
[Order of the Court was made by M.SUNDAR. J.]
There is no representation for the writ petitioner either
in the physical Court or on the Video Conferencing platform.
To be noted, this is a hybrid hearing which is a
regular/daily/routine feature in this Court.
2. However, with the intention of giving an
opportunity to writ petitioner and learned counsel for writ
petitioner, list this matter tomorrow (03.01.2025) in the
Admission Board i.e., Motion List but under the caption 'FOR
DISMISSAL'.'
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2. Today, Mr.G.Magesh Kumar, learned counsel on record for writ
petitioner is before us on 'Videoconferencing' ['VC'] platform. Learned
counsel expresses regret and apologizes for missing the matter yesterday.
3. A communication under Section 128 of 'The Tamil Nadu Urban
Local Bodies Act, 1998 (Act 9 of 1999)' (hereinafter 'TNULB Act' for the
sake of convenience and clarity) being communication signed on
18.11.2024 (signed by sole respondent) has been assailed. Adverting to
Section 128 of TNULB Act, learned counsel submits that writ petitioner has
not been show caused.
4. Issue notice to respondent.
5. Mr.P.Srinivas, learned Standing Counsel accepts notice for
respondent.
6. Considering the limited scope of the captioned WP, captioned main
WP is taken up in the Admission Board with the consent of both sides.
7. Section 128 of TNULB Act reads 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
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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 or
vested with the municipality] with 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
municipality or vested with the municipality] 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 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 or vested with the
municipality] 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 may extend to [fifty 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.'
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8. A careful perusal of the aforementioned provision makes it clear
that Section 128(1)(b) of TNULB Act proviso thereat is applicable as
regards the case on hand.
9. As regards Section 128 of TNULB Act, the language in which the
provision is couched makes it clear that noticee should be show caused qua
notice returnable in seven days and if any representation is received within
7 days, final orders has to be made. Therefore, we deem it appropriate to
dispose of the captioned WP by writing that the impugned communication
shall now be treated as 'Show Cause Notice' {'SCN'}, writ petitioner /
noticee can send a representation within seven days from today i.e., by
10.01.2025, if so advised and if so desired and if such a representation is
sent, sole respondent shall pass final orders and further action (if any) will
be subject to / depending on such final orders.
10. If the writ petitioner / noticee does not send response within 7
days, it is open to respondent to proceed in accordance with law qua
removal of alleged encroachment.
11. In the light of the order which we have written, the requirement to
show cause noticee / writ petitioner vide Section 128(1)(B) of TNULB Act
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is satisfied and directive qua proviso has been given.
Ergo, the sequitur is, captioned WP is disposed of in the aforesaid
manner. Consequently, Writ Miscellaneous Petition is disposed of as
closed. There shall be no order as to costs.
(M.S.,J.) (K.R.S.,J.)
03.01.2025
Index : Yes / No
Neutral Citation : Yes / No
Speaking order / Non-speaking order
mk
To
The Commissioner
Madurantakam Municipality
Chengalpattu District.
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M.SUNDAR, J.,
and
K.RAJASEKAR, J.,
mk
03.01.2025
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