Madras High Court
Vsn Garden Kudiirupor Nalla Sangam vs Corporation Commissioner on 10 September, 2025
Author: M.Sundar
Bench: M.Sundar
W.P.No.34547 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.09.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
W.P.No.34547 of 2025
and
W.M.P. No.38732 of 2025 in W.P. No.34547 of 2025
VSN Garden Kudiirupor Nalla Sangam
rep. By Authorised Signatory Vishnuvarthan,
Water Tank Building Ground Floor,
Madukkarai Market Main Road,
SIDCO Post, Coimbatore. ... Petitioner
Vs.
Corporation Commissioner,
Corporation of Coimbatore,
Coimbatore. ... Respondent
Writ Petition filed under Article 226 of The Constitution of India
praying to issue a Writ of Certiorari to call for the records of the notice
issued by the respondent in Na.Ka.No.4700/2025/H1/S dated
04.09.2025 and quash the same.
Page Nos.1/10
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W.P.No.34547 of 2025
For Petitioner : Mr.S.Mukunth,
Senior Counsel
for Mr.N.Krishnakumar
of M/s.Sarvabhauman Associates
(Law Firm)
For Respondent : Mr.N.Umapathi,
Standing Counsel
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 'Survey Nos.699/2A,
699/2B, 700/2C, 700/2D1, Ward No.97, Kurichi Village, South Zone,
Coimbatore Corporation' [hereinafter 'said lands' for the sake of
convenience and clarity].
2. Captioned WP inter alia impugns 'notice dated 04.09.2025
bearing reference Na.Ka.No.4700/2025/H1/S issued by respondent'
[hereinafter 'impugned notice' for the sake of convenience and clarity]
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]. By the impugned notice, the petitioner Sangam has been
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inter alia directed to remove the alleged encroachment made by them
in the said land.
3. Adverting to impugned notice, Mr.S.Mukunth, learned senior
counsel instructed by Mr.N.Krishnakumar of M/s.Sarvabhauman
Associates (Law Firm), learned counsel on record for writ petitioner
submits that writ petitioner Sangam has not been show-caused though
the impugned notice says that the notice has been issued under
Section 128(1)(b) of TNULB Act.
4. Issue notice to respondent.
5. Mr.N.Umapathi, learned Standing Counsel, accepts notice for
sole respondent.
6. Learned Standing Counsel submits that there is alleged
encroachment and that has necessitated the impugned notice.
7. Owing to the limited scope of the captioned main WP, main
WP was taken up in the Admission Board with the consent of learned
counsel on both sides.
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8. Before we proceed further, we deem it appropriate to
extract and reproduce Section 128 (in its entirety) of the TNULB Act as
it stands today and the same reads as under:
'128. Power
t
o 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.
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(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)
9. Though the impugned notice reads that the impugned
notice is under Section 128(1)(b) of TNULB Act, as matter on hand
pertains to immovable structure, writ petitioner Sangam should be
given 15 days time to respond to impugned notice and thereafter,
respondent should pass final orders considering such response.
However, the impugned notice straightaway calls upon the writ
petitioner Sangam to remove the alleged encroachment immediately
on receipt of the impugned notice. A scanned reproduction of the
impugned notice is as follows:
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10. Learned senior counsel for writ petitioner submits that
contrary to the mechanism put in place vide Section 128(1)(b) of
TNULB Act, impugned notice has been issued by respondent.
11. In the light of the narrative thus far, we are of the considered
view that it would be appropriate to take up the main WP and write
that the impugned notice shall now be treated as a 'Show Cause
Notice' ('SCN' for the sake of brevity) under Section 128(1)(b) of
TNULB Act enabling the writ petitioner to send a representation along
with supporting documents (if so advised and if so desired) within
seven days from today i.e., by 17.09.2025 and that if the same is
done, respondent shall pass final orders.
12. Accordingly, the following order is made:
i. Impugned notice issued by respondent shall now be
treated as a SCN under Section 128(1)(b) of TNULB
Act;
ii. Noticee/writ petitioner (if so advised and if so
desired) shall send a representation within seven
days from today, i.e., on or before 17.09.2025;
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iii. If the writ petitioner/noticee does not send a
representation within aforereferred timeline and if no
other representation is received, it is open to the
respondent to proceed (post 17.09.2025) qua
removal of immovable structure which is subject
matter of impugned notice.
iv. If the writ petitioner/noticee sends a representation
within aforereferred timeline, the same shall be
considered and final orders shall be made as per
proviso to Section 128(1)(b) of TNULB Act within a
period of fifteen days from the date of such
representation. Further, the final orders so passed
shall be served on the writ petitioner within a period
of five working days from the date of the final orders.
If the final orders to be passed by respondent are
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 orders on the writ
petitioner so as to provide a window to the writ
petitioner to assail the said orders if permissible in
law or to seek judicial review of the said orders. If
the writ petitioner does not do so within a fortnight
from the date of service of the said orders, the final
orders so passed by respondent will be resuscitated
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and put into motion. If the final orders to be passed
by respondent ends up in favour of the writ
petitioner, that would be curtains on the matter.
v. Though obvious, we make it clear that any coercive
action will be subject to / depending on final orders
to be made by respondent vide proviso to Section
128(1)(b) of TNULB Act. We also make it clear that
we have not expressed any view or opinion on the
merits of the matter and therefore, respondent, while
passing final orders, shall do so untrammelled by the
observations made in this order.
13. Captioned WP stands disposed of in the aforesaid manner.
Consequently, captioned Writ Miscellaneous Petition (WMP) thereat
stands disposed of as closed. There shall be no order as to costs.
(M.S.,J.) (M.S.K.,J.)
10.09.2025
Index : Yes / No
Neutral Citation : Yes / No
mmi
To
The Corporation Commissioner,
Corporation of Coimbatore,
Coimbatore.
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M.SUNDAR, J.,
and
MUMMINENI SUDHEER KUMAR, J.,
mmi
10.09.2025
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