Madrasdated High Court · 2025

W.P. No.31066 of 2025For Respondents:Dr.T.SeenivasanSpecial Government Pleader for R1ORDER[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 the road belonging to the Municipality in 'Ward No.13, Viswalinga Layout Street, Villupuram' [hereinafter 'said land' for the sake of convenience and clarity].2. Captioned WP inter alia impugns 'a notice dated 18.07.2025 issued by first respondent (Commissioner, Villupuram Municipality)' [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 him in the said land.3. Adverting to impugned notice, Mr. M.Mathan Raj, learned counsel for writ petitioner submits that writ petitioner has not been show-caused though the impugned notice says that it has been issued under Section 128 of Page Nos.2/14 https://www.mhc.tn.gov.in/judis W.P. No.31066 of 2025TNULB Act.4. Issue notice to official respondent (first respondent).5. Dr.T.Seenivasan, learned Special Government Pleader, accepts notice for first respondent.6. Learned Special Government Pleader 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.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 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 Page Nos.3/14 https://www.mhc.tn.gov.in/judis W.P. No.31066 of 2025with 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)9.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, first respondent should pass final orders considering such response. However, the impugned notice straightaway calls upon the writ petitioner to remove the alleged encroachment within seven days from the date of receipt of the impugned notice. A scanned reproduction of the impugned notice is as follows:Page Nos.4/14 https://www.mhc.tn.gov.in/judis W.P. No.31066 of 202510.From a perusal of the case file, it is also seen that the writ petitioner has responded to the impugned notice vide his response dated 28.07.2025, a scanned reproduction of which is as follows:Page Nos.5/14 https://www.mhc.tn.gov.in/judis W.P. No.31066 of 2025Page Nos.6/14 https://www.mhc.tn.gov.in/judis W.P. No.31066 of 202511. Earlier, second respondent (private respondent) before us (Mr.A.Sivaji, son of Late Thiru.V.Appadurai) came to this Court by way of W.P.No.18069 of 2025 with a 'Removal of Encroachment' ['RoE'] prayer (to be noted, in this earlier WP being W.P.No.18069 of 2025, the writ petitioner Page Nos.7/14 https://www.mhc.tn.gov.in/judis W.P. No.31066 of 2025before us is R3) and the same came to be disposed of by this Bench in and vide order dated 03.06.2025, which reads as follows:Page Nos.8/14 https://www.mhc.tn.gov.in/judis W.P. No.31066 of 2025Page Nos.9/14 https://www.mhc.tn.gov.in/judis W.P. No.31066 of 2025Page Nos.10/14 https://www.mhc.tn.gov.in/judis W.P. No.31066 of 202512. Learned counsel for writ petitioner submits that contrary to the earlier order and contrary to the mechanism put in place vide Section 128(1)(b) of TNULB Act, impugned notice has been issued by first respondent.Page Nos.11/14 https://www.mhc.tn.gov.in/judis W.P. No.31066 of 202513.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’s representation dated 28.07.2025 shall be considered as response to the SCN and final order shall be passed by first respondent on merits and in accordance with law within a period of two weeks from the date of uploading of the order in the official website of this Court. 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 first 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 first respondent will be resuscitated and put into motion. If the final order to be passed by first respondent ends up in favour of the writ petitioner, that would be curtains on the matter. Page Nos.12/14 https://www.mhc.tn.gov.in/judis W.P. No.31066 of 202514.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.)20.08.2025Index:Yes/NoNC:Yes/NogpaToThe CommissionerVillupuram MunicipalityVillupuram DistrictPage Nos.13/14 https://www.mhc.tn.gov.in/judis W.P. No.31066 of 2025M.SUNDAR, J.andHEMANT CHANDANGOUDAR, J.gpaW.P.No.31066 of 202520.08.2025Page Nos.14/14