Madras High Court
Ilakiyaselvi vs The District Collector on 8 July, 2025
Author: M.Sundar
Bench: M.Sundar
W.P.No.24699 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.24699 of 2025
and
W.M.P.Nos.27855 & 27856 of 2025
1. Ilakiyaselvi
W/o.Kakkan
2. Saravanakumar
S/o.Kakkan ... petitioners
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.
Page Nos.1/8
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W.P.No.24699 of 2025
4. The Commissioner
Jayankondam Municipality
Jayankondam
Udayarpalayam Taluk
Ariyalur District - 621 802.
5. The President
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 19.06.2025 issued by
the 4th respondent and quash the same.
For petitioners : G.Ilamurugu
For Respondents : Mr.T.K.Saravanan
Additional Government Pleader
for R1 to R4
*****
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W.P.No.24699 of 2025
ORDER
[Order of the Court was made by M. SUNDAR, J.]
Subject matter of captioned 'writ petition' [hereinafter 'WP' for the
sake of brevity] is alleged encroachment in 'Village Field No.457/1, 0.33.0
ares at Jayankondam Village, Jayangondam, Udayarpalayam Taluk,'
[hereinafter 'said land' for the sake of convenience and clarity].
2. Captioned WP inter alia impugns 'notices dated 19.06.2025 issued
by the fourth respondent (Commissioner, Jayankondam Municipality,
Jayankondam)' [hereinafter 'impugned notices' for the sake of convenience
and clarity] under Section 128 of 'The Tamil Nadu Urban Local Bodies Act,
1998 (Act 9 of 1999)' [hereinafter 'the TNULB Act' for the sake of brevity].
By the impugned notices, the petitioners have been inter alia directed to
remove the alleged encroachment made by them in the said land.
3. Issue notice to the official respondents i.e., R1 to R4.
4. Mr.T.K.Saravanan, learned Additional Government Pleader, accepts
notice for R1 to R4.
5. Before we proceed further, we deem it appropriate to extract and
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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)
6. Though the impugned notices read that the impugned notices are
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one under Section 128 of TNULB Act, as matter on hand pertains to
immovable structure, writ petitioners should be given 15 days time to
respond to impugned notices and thereafter, the fourth respondent should
pass final orders considering such response. However, the impugned notices
straightaway calls upon the writ petitioners to remove the alleged
encroachment.
7. In such view of the matter, the impugned notices are directed to be
treated as 'show cause notices' ('SCNs') served on the writ petitioners today
and the petitioners shall send responses to the impugned notices within a
period of fifteen days from today, i.e., on or before 22.07.2025. The
responses to be sent by the petitioners 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
petitioners 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 petitioners, the same shall be kept in abeyance for a
fortnight from the date of service of the final order on the writ petitioners so
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as to provide a window to the writ petitioners to assail the said order if
permissible in law or to seek judicial review of the said order. If the writ
petitioners do 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 the final order to be passed by the fourth respondent
ends up in favour of the writ petitioners, that would be curtains on the
matter.
8. Therefore, captioned main WP is taken up with the consent of
learned counsel for writ petitioners 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.
9. Captioned WP stands disposed of in the aforesaid manner.
Consequently, captioned Writ Miscellaneous Petitions stand disposed of as
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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
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.
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M.SUNDAR, J.,
and
HEMANT CHANDANGOUDAR, J.,
mk
08.07.2025
(2/4)
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