High Court · 2025

W.P.No.25573 of 2021IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 16.06.2025CORAMTHE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDARW.P.No.25573 of 2021andW.M.P.Nos.27217 & 27219 of 2021AmmasaiW/o.Sadaiyan... Petitionervs.The State rep by1.The District CollectorO/o.Tiruppur CollectorTiruppur - 641 604.2.The CommissionerO/o. Tiruppur CorporationPalladam RoadTiruppur - 641 604.3.The Assistant CommissionerZone 2, Tiruppur CorporationTiruppur District.4.HemalathaW/o.Sekar... RespondentsPage Nos.1/9 https://www.mhc.tn.gov.in/judis W.P.No.25573 of 2021Writ 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.ThirumoorthyFor Respondents:Mr.T.K.SaravananAdditional Government Pleaderfor R1Mr.K.Myilsamy, for R4Ms.P.Shanthi, Standing Counsel, for R2 & R3*****O R D E R[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 Page Nos.2/9 https://www.mhc.tn.gov.in/judis W.P.No.25573 of 2021Corporation, 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 Said Act stood repealed by Section 200(1)(k) of 'The Tamil Nadu Urban Local Bodies Act, 1998 (Act 9 of 1999)' (hereinafter 'TNULB Act' for the sake of convenience and clarity).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 Page Nos.3/9 https://www.mhc.tn.gov.in/judis W.P.No.25573 of 2021and 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)Page Nos.4/9 https://www.mhc.tn.gov.in/judis W.P.No.25573 of 20214. 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:Page Nos.5/9 https://www.mhc.tn.gov.in/judis W.P.No.25573 of 2021Page Nos.6/9 https://www.mhc.tn.gov.in/judis W.P.No.25573 of 20217. 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. Page Nos.7/9 https://www.mhc.tn.gov.in/judis W.P.No.25573 of 20218.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.,) 16.06.2025Index : Yes / NoNeutral Citation : Yes / NoSpeaking / Non-speakingmkTo1.The District CollectorO/o.Tiruppur CollectorTiruppur - 641 604.2.The CommissionerO/o. Tiruppur CorporationPalladam RoadTiruppur - 641 604.3.The Assistant CommissionerZone 2, Tiruppur CorporationTiruppur District.Page Nos.8/9 https://www.mhc.tn.gov.in/judis W.P.No.25573 of 2021M.SUNDAR, J.,andHEMANT CHANDANGOUDAR, J.,mkW.P.No.25573 of 202116.06.2025Page Nos.9/9

W.P.No.25573 of 2021IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 16.06.2025CORAMTHE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDARW.P.No.25573 of 2021andW.M.P.Nos.27217 & 27219 of 2021AmmasaiW/o.Sadaiyan... Petitionervs.The State rep by1.The District CollectorO/o.Tiruppur CollectorTiruppur - 641 604.2.The CommissionerO/o. Tiruppur CorporationPalladam RoadTiruppur - 641 604.3.The Assistant CommissionerZone 2, Tiruppur CorporationTiruppur District.4.HemalathaW/o.Sekar... RespondentsPage Nos.1/9 https://www.mhc.tn.gov.in/judis W.P.No.25573 of 2021Writ 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.ThirumoorthyFor Respondents:Mr.T.K.SaravananAdditional Government Pleaderfor R1Mr.K.Myilsamy, for R4Ms.P.Shanthi, Standing Counsel, for R2 & R3*****O R D E R[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 Page Nos.2/9 https://www.mhc.tn.gov.in/judis W.P.No.25573 of 2021Corporation, 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 Page Nos.3/9 https://www.mhc.tn.gov.in/judis W.P.No.25573 of 2021and 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)Page Nos.4/9 https://www.mhc.tn.gov.in/judis W.P.No.25573 of 20214. 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:Page Nos.5/9 https://www.mhc.tn.gov.in/judis W.P.No.25573 of 2021Page Nos.6/9 https://www.mhc.tn.gov.in/judis W.P.No.25573 of 20217. 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. Page Nos.7/9 https://www.mhc.tn.gov.in/judis W.P.No.25573 of 20218.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.,) 16.06.2025Index : Yes / NoNeutral Citation : Yes / NoSpeaking / Non-speakingmkTo1.The District CollectorO/o.Tiruppur CollectorTiruppur - 641 604.2.The CommissionerO/o. Tiruppur CorporationPalladam RoadTiruppur - 641 604.3.The Assistant CommissionerZone 2, Tiruppur CorporationTiruppur District.Page Nos.8/9 https://www.mhc.tn.gov.in/judis W.P.No.25573 of 2021M.SUNDAR, J.,andHEMANT CHANDANGOUDAR, J.,mkW.P.No.25573 of 202116.06.2025Page Nos.9/9