Madras High Court
Tamilarasan vs The District Collector on 17 June, 2025
Author: M.Sundar
Bench: M.Sundar
W.P.No.19504 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR
W.P.No.19504 of 2025
and
W.M.P. No.21797 of 2025 in W.P. No.19504 of 2025
Tamilarasan ... Petitioner
Vs.
1.The District Collector
Thiruvannamalai District.
2.The Thasildhar,
Polur Taluk, Thiruvannamalai District.
3.The Commissioner,
Polur Municipality,
Polur Town & Taluk,
Thiruvannamalai District. ... Respondents
Writ Petition filed under Article 226 of The Constitution of India
praying to issue a Writ of Certiorari to quash the impugned notice vide
Na.Ka.No.236/2025/A1 dated 07.05.2025 issued by the 3rd
respondent.
Page Nos.1/8
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W.P.No.19504 of 2025
For Petitioner : Mr.V.Vijayakumar
For Respondents : Mr.T.K.Saravanan,
Additional Government Pleader
ORDER
[Order of the Court was made by M.SUNDAR, J.,]
Captioned main 'Writ Petition' (hereinafter 'WP' for the sake of
brevity) has been filed with a prayer seeking issue of a writ of
certiorari assailing a 'notice/order dated 07.05.2025 bearing reference
Na.Ka.No.236/2025/A1 made by R3 [Commissioner, Polur Municipality,
Polur Town & Taluk, Thiruvannamalai District]' which shall hereinafter
be referred to as 'impugned order' for the sake of convenience and
clarity.
2. Mr.V.Vijayakumar, learned counsel for writ petitioner submits
that the impugned order does not consider the writ petitioner's
response to the show cause notice under Section 128 (1)(b) of 'The
Tamil Nadu Urban Local Bodies Act, 1998 (Act 9 of 1999)' (hereinafter
'TNULB Act' for the sake of convenience and clarity).
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3. Mr.T.K.Saravanan, learned State counsel for respondents
submits that a show cause notice dated 22.04.2025 has been issued to
the writ petitioner by R3 under Section 128(1)(b) of TNULB Act.
Learned State counsel also points out that the writ petitioner has
responded to the show cause notice by way of a detailed response
dated 28.04.2025 and this response will now be considered and an
order will be made by R3 in accordance with proviso to Section
128(1)(b) of TNULB Act.
4. Before we proceed further, we deem it appropriate to extract
and reproduce Section 128 of TNULB Act in its entirety and the same
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;
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(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.'
5. In the light of the statutory scheme put in place vide Section
128 of TNULB Act, show cause notice under Section 128(1)(b) of
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TNULB Act dated 22.04.2025 has been issued, writ petitioner/noticee
has responded to the same on 28.04.2025, this means that R3 should
consider the response of the writ petitioner and pass what is described
as 'final orders' vide proviso to Section 128(1)(b) of TNULB Act. The
impugned order certainly does not qualify as 'final orders' within the
meaning of proviso to Section 128(1)(b) of TNULB Act. Therefore, we
have no hesitation in interfering and dislodging the impugned order on
this short point.
6. In the light of the narrative, discussion and dispositive
reasoning thus far, impugned order dated 07.05.2025 bearing
reference Na.Ka.No.236/2025/A1 is set aside. R3 shall now consider
the writ petitioner's aforereferred response dated 28.04.2025
(response to 22.04.2025 show cause notice) and pass 'final orders'
within the meaning of proviso to Section 128(1)(b) of TNULB Act as
expeditiously as the business of R3 permits but in any event within six
weeks from today i.e., on or before 29.07.2025. Orders so made shall
be duly served on the writ petitioner under due acknowledgement
within seven working days from the date of the order. If such final
orders of R3 is in favour of the writ petitioner that would be curtains
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on the matter but if it is adverse to the writ petitioner, the same shall
be kept in abeyance for a fortnight from the date of service of 'final
orders' on the writ petitioner so as to enable the writ petitioner to seek
judicial review, if so advised and so desired.
7. Captioned WP is disposed of in the aforesaid manner i.e.,
acceding to the certiorari prayer albeit with aforementioned
observations and further directives. Consequently, captioned Writ
Miscellaneous Petition (WMP) thereat is disposed of as closed. There
shall be no order as to costs.
(M.S.,J.) (H.C.,J.)
17.06.2025
Index : Yes / No
Neutral Citation : Yes / No
mmi
To
1.The District Collector
Thiruvannamalai District.
2.The Thasildhar,
Polur Taluk, Thiruvannamalai District.
3.The Commissioner,
Polur Municipality,
Polur Town & Taluk,
Thiruvannamalai District.
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M.SUNDAR, J.,
and
HEMANT CHANDANGOUDAR, J.,
mmi
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17.06.2025
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