Madras High Court
R.Kalyani vs The State on 18 June, 2025
Author: M.Sundar
Bench: M.Sundar
2025:MHC:1440
W.P.No.18317 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.06.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR
W.P.No.18317 of 2025
and
W.M.P.No.20522 of 2025
R.Kalyani
W/o.M.Rajendran ... Petitioner
vs.
The State
Rep. by the Commissioner
Mettur Municipality
Mettur Dam
Salem District. ... Respondent
Writ Petition filed under Article 226 of the Constitution of India
seeking a Writ of Certiorarified Mandamus, challenging the impugned order
dated 06.05.2025 vide proceedings Na.Ka.No.4484/2022/EP1 which was
issued by the respondent herein and to quash the same and consequently,
direct the respondent not to disturb the possession of the property of the
petitioner at T.S.No.20 in Mettur Municipality, Mettur Dam without
following the due process of law.
Page Nos.1/6
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W.P.No.18317 of 2025
For Petitioner : Mr.R.Thirumoorthy
For Respondent : Mr.T.K.Saravanan
Additional Government Pleader
*****
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 'Ward No.A, Block No.31,
T.S.No.20, Mettur Municipality, Mettur Dam' [hereinafter 'said land' for the
sake of convenience and clarity].
2. Captioned WP inter alia impugns 'a notice dated 06.05.2025
issued by the respondent (Commissioner, Mettur Municipality, Mettur
Dam)' [hereinafter 'impugned notice' 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 notice, the petitioner has been inter alia directed to
remove the alleged encroachment made by her in the said land.
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3. Mr.R.Thirumoorthy, learned counsel on record for the writ
petitioner and Mr.T.K.Saravanan, learned Additional Government Pleader
for the respondent are before us.
4. 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
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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)
5. Though the impugned notice reads that the impugned notice is
one 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 and thereafter, the respondent should pass final
orders considering such response. However, the impugned notice
straightaway calls upon the writ petitioner to remove the alleged
encroachment.
6. 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 the petitioner shall send a response to the impugned notice within a
period of fifteen days from today, i.e., on or before 02.07.2025. The
response to be sent by the petitioner shall be considered and final order shall
be passed by the respondent on its own merits and in accordance with law
within a period of two weeks therefrom i.e., on or before 16.07.2025.
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
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final order to be passed by the 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 respondent will be resuscitated and put into motion. If the
final order to be passed by the respondent ends up in favour of the writ
petitioner, that would be curtains on the matter.
7. Captioned WP stands disposed of in the aforesaid manner.
Consequently, captioned writ miscellaneous petition stands disposed of as
closed. There shall be no order as to costs.
(M.S.J.,) (H.C.J.,)
18.06.2025
Index : Yes / No
Neutral Citation : Yes
Speaking / Non-speaking
mk
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M.SUNDAR, J.,
and
HEMANT CHANDANGOUDAR, J.,
mk
To
The State
Rep. by the Commissioner
Mettur Municipality
Mettur Dam
Salem District.
18.06.2025
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