Rajan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2025

CORAM

THE HONOURABLE Mr. JUSTICE M.SUNDAR AND THE HONOURABLE Mr. JUSTICE HEMANT CHANDANGOUDAR AND W.M.P.No.15198 of 2024 1.Rajan 2.Govindammal ..

Petitioners vs.

1.The Tahdsildar Mettur Taluk Mettur Dam Salem District 2.The Executive Officer Jalagandapuram Selection Grade Town Panchayat Jalagandapuram, Salem District .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of a writ of certiorari to call for the records relating to the impugned eviction notice issued in Na.Ka.No.53/2024 dated 14.05.2024 on the file of the 2nd respondent (served on 17.05.2024) quash the same.

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For petitioner Mr. V. Elangovan For R1 Mr. M.S. Arasakumar Government Advocate For R2 Mr. S. Prabhakar Government Advocate

O R D E R

(made by M.SUNDAR, J.) In the captioned 'writ petition' [hereinafter 'WP' for the sake of brevity], Mr. V. Elangovan, learned counsel for writ petitioners, Mr.M.S.Arasakumar, learned Government Advocate for R1 and Mr.S.Prabhakaran, learned Government Advocate for R2, are before this Court.

2.

The legal drill at hand is fairly simple as a 'letter dated 14.05.2024 issued by R2 (Special Officer)' [hereinafter 'impugned letter' for the sake of convenience and clarity] has been called in question on the short point that the impugned letter directing the writ petitioners to remove the alleged encroachment has been issued without show causing the writ petitioners.

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3.

Learned State counsel for R2, in his usual fairness, admits that the impugned letter does not even specify the name of the statute under which the impugned letter has been issued and hence, the impugned letter may be treated as a show cause notice (SCN) issued under Section 128(1)(b) of 'The Tamil Nadu Urban Local Bodies Act, 1998, (Tamil Nadu Act 9 of 1999)' [hereinafter 'the TNULB Act' for the sake of brevity].

4.

Recording the aforesaid submission of the learned State counsel for R2, we make the following order:

(i) Impugned letter is not set aside but the same shall now be treated as an SCN under Section 128(1)(b) of the TNULB Act;

(ii) The SCN under Section 128(1)(b) of TNULB Act shall be construed to have been served on the writ petitioners today (19.06.2025);

(iii) The above means that the writ petitioners/noticees can send a response/ representation to SCN within fifteen days from today i.e., on or before 04.07.2025; 3/6

(iv) On writ petitioners sending such a response/representation within the aforementioned timeline, R2 shall pass 'final orders' vide proviso to Section 128(1)(b) of the TNULB Act and serve the same on the writ petitioners within five working days from the date of final orders;

(v) If the final orders to be passed by R2 end up in favour of the writ petitioners, that would be curtains on the matter;

(vi) If it happens to the contrary, in other words, if the final orders to be passed by R2 are going to be adverse to the writ petitioners, the same shall be kept in abeyance for a fortnight from the date of service of the final orders on the writ petitioners so as to provide a window to the writ petitioners to assail the final orders if permissible in law or to seek judicial review of the said order;

(vii) If the writ petitioners do not take recourse to either of the aforesaid two options within a fortnight from the date of service of the final orders, the final orders so passed by R2 will be resuscitated and put into motion; and 4/6

(viii) Though obvious, we make it clear that coercive action, if any, shall be subject to and depending on final orders to be made by R2 under proviso to Section 128(1)(b) of TNULB Act.

5.

Captioned main WP stands disposed of in the aforesaid manner with the aforesaid observations and directives. As we have made it clear that coercive action, if any, shall be subject to and depending on 'final orders' of R2 under proviso to Section 128(1)(b) of the TNULB Act, captioned WMP becomes otiose and the same is closed. There shall be no order as to costs.

(M.S., J.) (H.C., J.) 19.06.2025 Index : Yes/No gya/cad 5/6

M.SUNDAR, J.

AND HEMANT CHANDANGOUDAR, J.

gya/cad To 1.The Tahdsildar Mettur Taluk Mettur Dam Salem District 2.The Executive Officer Jalagandapuram Selection Grade Town Panchayat Jalagandapuram, Salem District 19.06.2025 6/6