High Court · 2025

W.P.No.12827 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 19.06.2025CORAMTHE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDARW.P.No.12827 of 2024S.MunusamyS/o.Late Shanmugam... Petitionervs.1.The District CollectorDistrict Collectorate BuildingRanipet Taluk & DistrictPin Code - 632 401.2.The Revenue Divisional OfficerCamp OfficeArakkonam TalukRanipet DistrictPin Code - 631 003.3.The TahsildharArakkonam Taluk OfficeArakkonamRanipet DistrictPin Code - 631 003.4.The CommissionerArakkonam MunicipalityArakkonam TownPage Nos.1/14 https://www.mhc.tn.gov.in/judis W.P.No.12827 of 2024Ranipet DistrictPin Code - 631 001.5.The Village Administrative OfficerArakkonam TownRanipet DistrictPin Code - 631 003.6.NanthakumarS/o.Ramakanthan... RespondentsWrit Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing 3rd respondent to consider the petitioner's representation letter dated 02.04.2024 to evict and demolish the unlawful construction raised by the 6th respondent in which denotes as Old Survey No.302/2B in T.S.No.40, 41, Ward No.D, Block No.21 in the 2nd Cross Street, A.N.Kandagai, Palanipet Post, Arrakkonam Taluk, Ranipet District.For Petitioner :Mr.ParigopalFor Respondents:Mr.T.K.SaravananAdditional Government Pleaderfor R1 to R5Mr.G.Jeremiah, for R6*****Page Nos.2/14 https://www.mhc.tn.gov.in/judis W.P.No.12827 of 2024O R D E R[Order of the Court was made by M.SUNDAR J.]Mr.Parigopal, learned counsel on record for writ petitioner, Mr.T.K.Saravanan, learned Additional Government Pleader for official respondents (R1 to R5) and Mr.G.Jeremiah, learned counsel for private respondent (R6) are before us, with the consent of all three learned counsel, main WP is taken up and heard out.2. Subject matter of the captioned WP is 'Old Survey No.302/2B in T.S.No.40, 41, Ward No.D, Block No.21, 2nd Cross Street, A.N.Kandagai, Palanipet Post, Arrakkonam Taluk, Ranipet District' {hereinafter 'said property' for the sake of brevity, convenience and clarity}.3. Complaint of the writ petitioner is said property stands on public road but this is vehemently disputed by private respondent (R6). The prayer of writ petitioner is removal of alleged encroachment in public road. Further allegation is R6 is the encroacher. In other words, prayer of writ petitioner is for removal of encroachment.Page Nos.3/14 https://www.mhc.tn.gov.in/judis W.P.No.12827 of 20244. Learned State Counsel submits that pending captioned WP, R4 has issued a 'Show Cause Notice' {'SCN'} dated 03.03.2025 to R6 and that this SCN is under Section 128(1)(b) of 'the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999)' {hereinafter 'TNULB Act' for the sake of brevity}. Learned counsel for R6 confirms the receipt of this SCN and further submits that R6 has responded to the SCN vide a detailed response dated 08.03.2025. Learned State Counsel confirms the receipt of 08.03.2025 response to the SCN. This means that R4 should now consider the response of R6 and pass 'final orders' vide proviso to Section 128(1)(b) of TNULB Act. Be that as it may, proviso to Section 128(1)(b) of TNULB Act talks about R4 [Commissioner] considering 'any representation received within the time limit before passing final orders'. Section 128(1)(b) of TNULB Act 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;Page Nos.4/14 https://www.mhc.tn.gov.in/judis W.P.No.12827 of 2024(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)5. Therefore, we deem it appropriate to write that writ petitioner's representation dated 02.04.2024 on which the captioned WP is predicated shall also be considered by R4 while making final orders under proviso to Section 128(1)(b) of TNULB Act. For the sake of convenience and clarity, we scan and reproduce 02.04.2024 representation as placed before this Court and the same is as follows:Page Nos.5/14 https://www.mhc.tn.gov.in/judis W.P.No.12827 of 2024Page Nos.6/14 https://www.mhc.tn.gov.in/judis W.P.No.12827 of 2024Page Nos.7/14 https://www.mhc.tn.gov.in/judis W.P.No.12827 of 2024Page Nos.8/14 https://www.mhc.tn.gov.in/judis W.P.No.12827 of 2024Page Nos.9/14 https://www.mhc.tn.gov.in/judis W.P.No.12827 of 2024Page Nos.10/14 https://www.mhc.tn.gov.in/judis W.P.No.12827 of 20246. Learned State Counsel submits that R4 will pass final orders within 12 weeks from today i.e., on or before 11.09.2025. This submission is recorded as an undertaking given to the Court. Final orders to be made by Page Nos.11/14 https://www.mhc.tn.gov.in/judis W.P.No.12827 of 2024R4 shall be served on the writ petitioner as well as R6 under due acknowledgement within seven working days from the date on which the order is made. If the final order to be passed by R4 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 R4 will be resuscitated and put into motion. If the final order to be passed by R4 ends up in favour of the writ petitioner, that would be curtains on the matter. 7. Captioned Writ Petition is disposed of in the aforesaid manner. There shall be no order as to costs.(M.S.J.,)(H.C.J.,) 19.06.2025Index : Yes / NoNeutral Citation : YesSpeaking / Non-speakingmkPage Nos.12/14 https://www.mhc.tn.gov.in/judis W.P.No.12827 of 2024To1.The District CollectorDistrict Collectorate BuildingRanipet Taluk & DistrictPin Code - 632 401.2.The Revenue Divisional OfficerCamp OfficeArakkonam TalukRanipet DistrictPin Code - 631 003.3.The TahsildharArakkonam Taluk OfficeArakkonamRanipet DistrictPin Code - 631 003.4.The CommissionerArakkonam MunicipalityArakkonam TownRanipet DistrictPin Code - 631 001.5.The Village Administrative OfficerArakkonam TownRanipet DistrictPin Code - 631 003.Page Nos.13/14 https://www.mhc.tn.gov.in/judis W.P.No.12827 of 2024M.SUNDAR, J.,andHEMANT CHANDANGOUDAR, J.,mkW.P.No.12827 of 202419.06.2025Page Nos.14/14