S.Subhashini v. The Commissioner
2024:MHC:2678
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and W.M.P.Nos.21027 & 21039 of 2024 in
1. S.Subhashini W/o.A.Umapathy
2. A.Umapathy S/o.M.Alagarsamy .. Petitioners in W.P.No.19168/2024
1. A.Umapathy S/o.M.Alagarsamy
2. S.Subhashini W/o.A.Umapathy .. Petitioners in W.P.No.19174/2024 Vs.
1. The Commissioner Coimbatore Municipal Corporation Coimbatore - 641 001.
2. The Assistant Commissioner East Zone Coimbatore Municipal Corporation Coimbatore - 641 001.
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3. The Assistant Executive Engineer (Planning) East Zone Coimbatore Municipal Corporation Coimbatore - 641 001.
.. Respondents in both WPs Writ petitions filed under Article 226 of the Constitution of India praying to issue a writ of Certiorari, to call for the records of the 1st respondent, leading to the issuance of the order bearing e/f/vz;/ 11243/2021/vr;1(fp) dated 24.06.2024 and quash the same. For Petitioners in both WPs :
Mr.B.Arvind Srevatsa For Respondents in both WPs :
Mr.N.Velmurugan Standing Counsel Coimbatore Corporation ***** C O M M O N O R D E R (Order of the Court was made by M.Sundar, J.) In the captioned 'Writ Petitions' {hereinafter 'WPs' in plural and 'WP' in singular for the sake of brevity, convenience and clarity}, 'two notices both bearing reference e/f/vz;/11243/2021/vr;1(fp) issued in the June of 2024, signed by R1 (the Commissioner, Coimbatore Municipal Corporation, Coimbatore - 641 001) on 24.06.2024' {hereinafter 'impugned notices' for the sake of brevity} have been called 2/10
in question.
2. Scanned reproduction of two notices are as follows: Impugned notice in W.P.No.19168 of 2024:
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Impugned notice in W.P.No.19174 of 2024:
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3. One of the contentions of writ petitioners is that R1 does not have jurisdiction to issue aforementioned notices straightaway.
4. Issue notice.
5. Mr.N.Velmurugan, learned standing counsel accepts notice for all three respondents.
6. We wanted to know from the learned standing counsel the provision of law under which the impugned notices have been issued.
7. Learned standing counsel submitted that the impugned notices have been issued under 'the Tamil Nadu Urban Local Bodies Act, 1998' {hereinafter 'TNULB Act' for the sake of brevity}.
8. Considering the limited legal perimeter within which the captioned WPs should now perambulate, with the consent of both sides, main WPs were taken up.
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9. A careful perusal of TNULB Act and TNULB Rules thereunder being Tamil Nadu Urban Local Bodies Rules, 2023 makes it clear that impugned notices are traceable to Section 128(1)(b) of TNULB Act. Section 128(1)(b) of TNULB Act provides for alleged encroacher being show caused and given seven days time. Proviso thereat also says that if any representation has been received within that seven days period, the same should be considered by the authority concerned before passing final orders.
10. In the light of the narrative thus far, the following order is passed :
(i) Impugned notices both bearing reference e/f/vz;/11243/2021/vr;1(fp) issued in the June of 2024, signed by R1 (the Commissioner, Coimbatore Municipal Corporation, Coimbatore - 641 001) on 24.06.2024 are now to be treated as 'Show Cause Notices' {hereinafter 'SCNs' for the sake of brevity} within the meaning of Section 128(1)(b) of TNULB Act;
(ii) Writ petitioners shall be treated as noticees and writ petitioners shall send their responses to SCNs 6/10
within seven days from today i.e., on or before 19.07.2024; (iii) Thereafter, R1 shall consider the responses and take a call on its own merits and in accordance with law, untrammeled by this order;
(iv) Take a call means either drop the proceedings or proceed with the removal of encroachment and it includes any other action permissible in law i.e., more particularly, TNULB Act and TNULB Rules therein;
(v) In the light of proviso to Section 128(1)(b) of TNULB Act, if any representation is received within seven days window provided supra, R1 shall consider the same before passing final orders;
(vi) We make it clear that all the rights and contentions of both sides are preserved qua Statutory drill under TNULB Act / TNULB Rules and further proceedings, if any and if that be so;
(vii) While considering the responses to impugned notices which have now become SCNs, we make it clear that it is open to R1 to hold personal hearing, if deemed necessary which in turn will depend on the nature of 7/10
responses. We also actually make it clear for the sake of specificity that as it is not imperative for R1 to hold personal hearing and it is only discretionary and it will depend on the nature of responses to SCNs. This limb is owing to language in which Section 128(1)(b) of TNULB Act and proviso thereat are couched as the same only provide for being show caused and does not make for personal hearing statutorily imperative.
Captioned WPs are disposed of vide this common order with the preservation of rights in the aforesaid manner and observations / directives as above. Consequently, captioned Writ Miscellaneous Petitions thereat are disposed of as closed. There shall be no order as to costs.
(M.S.J.) (K.G.T.J.) 12.07.2024 Index:Yes Speaking order mk Note: Upload forthwith 8/10
To
1. The Commissioner Coimbatore Municipal Corporation Coimbatore - 641 001.
2. The Assistant Commissioner East Zone Coimbatore Municipal Corporation Coimbatore - 641 001.
3. The Assistant Executive Engineer (Planning) East Zone Coimbatore Municipal Corporation Coimbatore - 641 001.
M.SUNDAR.J., and 9/10
K.GOVINDARAJAN THILAKAVADI, J., mk 12.07.2024 (2/2) 10/10