Madras High Court
Ammasai vs The State Rep By on 16 June, 2025
Author: M.Sundar
Bench: M.Sundar
W.P.No.25573 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR
W.P.No.25573 of 2021
and
W.M.P.Nos.27217 & 27219 of 2021
Ammasai
W/o.Sadaiyan ... Petitioner
vs.
The State rep by
1. The District Collector
O/o.Tiruppur Collector
Tiruppur - 641 604.
2. The Commissioner
O/o. Tiruppur Corporation
Palladam Road
Tiruppur - 641 604.
3. The Assistant Commissioner
Zone 2, Tiruppur Corporation
Tiruppur District.
4. Hemalatha
W/o.Sekar ... Respondents
Page Nos.1/9
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W.P.No.25573 of 2021
Writ Petition filed under Article 226 of the Constitution of India
seeking a Writ of Certiorarified Mandamus, to call for the records pertaining
to the order of the proceedings of the 3rd respondent in
No.Na.Ka.En.E1/2531/2017/Ma2, dated 27.08.2021 and to quash the same
and consequently, direct the respondents 1 to 3 not to disturb the possession
of the petitioner's premises at Kongu Nagar, Ambethkar Nagar, Arijana
Colony, Ward-J, Block-4, Town Survey No.234 pursuant to the petitioner's
representation dated 02.11.2021.
For Petitioner : Mr.R.Thirumoorthy
For Respondents : Mr.T.K.Saravanan
Additional Government Pleader
for R1
Mr.K.Myilsamy, for R4
Ms.P.Shanthi,
Standing Counsel, for R2 & R3
*****
ORDER
[Order of the Court was made by M.SUNDAR J.]
Captioned main 'Writ Petition' {hereinafter 'WP' for the sake of
brevity, convenience and clarity} has been filed assailing a notice issued by
R3 [The Assistant Commissioner, Zone 2, Tiruppur Corporation, Tiruppur
District] under Sections 251, 252 and 441 of 'the Tirupur City Municipal
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Corporation, Act 2008 (Tamil Nadu Act, 7 of 2008)' {hereinafter 'said Act'
for the sake of brevity, convenience and clarity}, which shall hereinafter be
referred to as 'impugned notice' for the sake of brevity, convenience and
clarity.
2. Subject matter of captioned WP is alleged encroachment in 'Town
Survey No.234, Block-4, Ward-J, Arijana Colony, Kongu Nagar, Ambethkar
Nagar' [hereinafter 'said land' for the sake of convenience and clarity]. By
the impugned notice, the petitioner has been inter alia directed to remove
the alleged encroachment made by him in the said land.
3. Said Act stood repealed by Section 200(1)(k) of 'The Tamil Nadu
Urban Local Bodies Act, 1998 (Act 9 of 1999)' (hereinafter 'TNULB Act'
for the sake of convenience and clarity). To be noted, as regards said Act,
the repeal is with effect from 13.04.2023. However, vide Section 200(3)(e)
of TNULB Act, all things done, made, instituted by Municipal Corporations,
Municipalities, Town Panchayats etc., under said Act shall be deemed to
have been done, made, instituted by Municipal Corporations, Municipalities
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and Town Panchayats etc., under the provisions of TNULB Act. Therefore,
the impugned notice will now be construed as to have been issued under
TNULB Act. This takes us to Section 128 of TNULB Act which 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 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)
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4. Mr.R.Thirumoorthy, learned counsel on record for writ petitioner,
Mr.T.K.Saravanan, learned Additional Government Pleader for R1,
Ms.P.Shanthi, learned Standing Counsel, for R2 and R3 and
Mr.K.Myilsamy, learned counsel for R4 are before us.
5. Though the impugned notice has been issued under Sections 251,
252 and 441 of said Act, in the light of the narrative thus far, the same is
now construed to be one issued under Section 128 of TNULB Act. As
matter on hand pertains to immovable structure, writ petitioner should be
given 15 days time to respond to impugned notice as per Section 128 of
TNULB Act and thereafter, R2 should pass final orders considering such
response.
6. It is also seen that the writ petitioner has responded to the
impugned notice vide his response dated 02.11.2021, a scanned
reproduction of which is as follows:
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7. In such view of the matter, the impugned notice is directed to be
treated as a show cause notice (SCN) served on the writ petitioner today and
as the representation sent by the petitioner to R2 is dated 02.11.2021, the
petitioner shall send a fresh response to the impugned notice within a period
of fifteen days from today, i.e., on or before 30.06.2025. The response to be
sent by the petitioner shall be considered and final order shall be passed by
R2 on its own merits and in accordance with law within a period of two
weeks therefrom i.e., on or before 14.07.2025. 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 R2 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 R2 will be resuscitated and put
into motion. If the final order to be passed by R2 ends up in favour of the
writ petitioner, that would be curtains on the matter.
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8. 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.,)
16.06.2025
Index : Yes / No
Neutral Citation : Yes / No
Speaking / Non-speaking
mk
To
1. The District Collector
O/o.Tiruppur Collector
Tiruppur - 641 604.
2. The Commissioner
O/o. Tiruppur Corporation
Palladam Road
Tiruppur - 641 604.
3. The Assistant Commissioner
Zone 2, Tiruppur Corporation
Tiruppur District.
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M.SUNDAR, J.,
and
HEMANT CHANDANGOUDAR, J.,
mk
16.06.2025
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