Madras High Court
Satheesh Kumar vs The District Collector on 8 July, 2025
Author: M.Sundar
Bench: M.Sundar
W.P.No.24696 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.07.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR
W.P.No.24696 of 2025
and
W.M.P.Nos.27846 & 27849 of 2025
Satheesh Kumar
S/o.Thyagarajan ... Petitioner
vs.
1. The District Collector
Ariyalur District
Collectorate Office
Ariyalur - 621 704.
2. The Revenue Divisional Officer
Udayarpalayam Division
RDO Office, Jayankondam
Ariyalur District - 621 802.
3. The Tahsildar
Udayarpalayam Taluk
Taluk Office, Jayankondam
Ariyalur District - 621 802.
4. The Commissioner
Jayankondam Municipality
Jayankondam
Udayarpalayam Taluk
Ariyalur District - 621 802.
5. The President
Page Nos.1/8
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W.P.No.24696 of 2025
Muslim Sunnath Jamaath
Allahkavil Street, Jayankondam Municipality
Udayarpalayam Taluk,
Ariyalur District.
6. Kamal @ Kamalludin
S/o.Hanifa
7. Sarputheen
S/o.Abbas
8. Akbar Ali
S/o.Abdul Azeez ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
seeking a writ of Certiorari, calling for the records pertaining to the
impugned notices bearing Ref.No.1171/2025/F1 dated 24.06.2025 issued by
the 4th respondent and quash the same.
For Petitioner : G.Ilamurugu
For Respondents : Mr.T.K.Saravanan
Additional Government Pleader
for R1 to R4
*****
ORDER
[Order of the Court was made by M. SUNDAR, J.]
Captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity,
convenience and clarity} has been filed with a prayer for issue of a writ of
certiorari and it has been filed assailing a 'notice dated 24.06.2025 bearing
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reference Na.Ka.No.1171/2025/F1 issued by R4' {hereinafter 'impugned
notice' for the sake of brevity, convenience and clarity} to the writ petitioner
with a copy mark to private respondent (R7).
2. Issue notice to the official respondents i.e., R1 to R4.
3. Mr.T.K.Saravanan, learned Additional Government Pleader, accepts
notice for R1 to R4.
4. In and vide the impugned notice, R4 adverting to writ petitioner's
reply through lawyer dated 23.06.2025 has made it clear that writ petitioner's
reply does not have supporting documents and if supporting documents are
furnished, the same will be considered.
5. To be noted, the impugned notice was preceded by a 'Show Cause
Notice' {'SCN'} issued by R4 under Section 128(1)(b) of 'The Tamil Nadu
Urban Local Bodies Act, 1998 (Act 9 of 1999)' [hereinafter 'the TNULB Act'
for the sake of brevity] and the SCN is dated 03.06.2025 bearing reference
Na.Ka.No.1171/2025/F1, writ petitioner responded to this SCN vide afore-
referred representation through lawyer dated 23.06.2025.
6. Writ petitioner submits that pursuant to the impugned notice of R4,
writ petitioner is under pain of dispossession / demolition.
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7. Before we proceed further, we deem it appropriate to extract and
reproduce Section 128 of the TNULB Act (in its entirety) as it stands today
and the same reads as under:
'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, public place, water body, tank, other water
resources or any land belonging to or vested with the municipality
with the municipal limit;
(b) remove any immovable structure whether permanent or
of temporary nature encroaching street, public place, water body,
tank, other water resources or any 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 fifteen 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, water body, tank,
other water resources 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.'
(underlining made by us for ease of reference)
8. Considering the ecosystem of TNULB Act and legal architecture of
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Section 128 thereat regarding removal of encroachments, viewed in the light
of the facts and circumstances of the case on hand and the trajectory the
matter has taken thus far, we deem it appropriate to write that the impugned
notice of R4 shall be construed as further SCN served on the writ petitioner
today and the petitioner shall send a response to the impugned notice within
a period of fifteen days from today, i.e., on or before 22.07.2025. The
response to be sent by the petitioner shall be considered and final order shall
be passed by the fourth respondent on its own merits and in accordance with
law within a period of two weeks therefrom i.e., on or before 05.08.2025.
Further, the final order so passed shall be served on the writ petitioner within
a period of five working days from the date of the final order. If the final
order to be passed by the fourth respondent is going to be adverse to the writ
petitioner, the same shall be kept in abeyance for a fortnight from the date of
service of the final order on the writ petitioner so as to provide a window to
the writ petitioner to assail the said order if permissible in law or to seek
judicial review of the said order. If the writ petitioner does not do so within
a fortnight from the date of service of the said order, the final order so
passed by the fourth respondent will be resuscitated and put into motion. If
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the final order to be passed by the fourth respondent ends up in favour of the
writ petitioner, that would be curtains on the matter.
9. Therefore, captioned main WP is taken up with the consent of
learned counsel for writ petitioner and State counsel, dispensing with notice
to private respondent/s. We make it clear that all rights and contentions of
private respondents i.e., R5 to R8 will remain preserved. Be that as it may,
proviso to Section 128(1)(b) of TNULB Act uses the expression 'any
representation'. Therefore, we make it clear that if private respondents (R5
to R8) choose to send any representation within 15 days from today i.e., on
or before 22.07.2025, the same also shall be considered by fourth respondent
before making final orders vide proviso to Section 128(1)(b) of TNULB Act.
10. To be noted, writ petitioner has filed a suit in O.S.No.55 of 2025
on the file of the Principal / Additional District Court, Jayangondam.
Learned counsel on record for writ petitioner very fairly submitted that the
suit has been filed under a misconception, he further submitted that the suit
will be unconditionally withdrawn and learned counsel has made an
endorsement in the case file and a scanned reproduction of which is as
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follows:
11. On production of the instant order before the Principal / Additional
District Court, Jayangondam, the suit in O.S.No.55 of 2025 will stand
unconditionally withdrawn.
12. Captioned WP stands disposed of in the aforesaid manner.
Consequently, captioned Writ Miscellaneous Petitions stand disposed of as
closed. There shall be no order as to costs.
(M.S.J.,) (H.C.J.,)
08.07.2025
Index : Yes / No
Neutral Citation : Yes / No
Speaking / Non-speaking
mk
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M.SUNDAR, J.,
and
HEMANT CHANDANGOUDAR, J.,
mk
To
1. The District Collector
Ariyalur District
Collectorate Office
Ariyalur - 621 704.
2. The Revenue Divisional Officer
Udayarpalayam Division
RDO Office, Jayankondam
Ariyalur District - 621 802.
3. The Tahsildar
Udayarpalayam Taluk
Taluk Office, Jayankondam
Ariyalur District - 621 802.
4. The Commissioner
Jayankondam Municipality
Jayankondam
Udayarpalayam Taluk
Ariyalur District - 621 802.
08.07.2025
(4/4)
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