R.Susila v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.06.2025
CORAM
THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR & W.M.P No.28782 of 2021
1. R.Susila
2. Muniyandi
3. Babu
4. Mohana
5. Thayarammal
6. Amudhavalli
7. M.R.Vadivel ... Petitioners vs.
1. The Commissioner Kancheepuram Municipality Annai Indira Gandhi Salai Kancheepuram - 631 502
2. The District Collector Kancheepuram District Kancheepuram - 631 502
3. The Tahsildar Kancheepuram Taluk Kancheepuram District Kancheepuram - 631 502 Page Nos.1/7
4. D.Krishnaveni ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorari to call for the records pertaining to the issue of the final notice dated 22.07.2021 in proceedings Na.Ka.No.11293/2020/F.1 duly issued by the Commissioner, Kancheepuram Municipality, Kancheepuram - 631 502, the first respondent herein and quash the same. For petitioner :
Mr.D.Ashok Kumar For Respondent :
Mr.P.Srinivas Standing counsel for R1 Mr.M.S.Arasakumar Government Advocate for R2&R3 Mr.R.Krishnaswamy for R4
ORDER
[Order of the Court was made by M.SUNDAR, J.] Mr.D.Ashok Kumar, learned counsel for 7 writ petitioners and Mr.P.Srinivas, learned Standing counsel for R1, Mr.M.S.Arasakumar, learned Government Advocate for R2 and R3 and Mr.R.Krishnasawmay, learned counsel for R4 are before us, with the consent of all learned counsel main WP was taken up and heard out.
2. R1 (The Commissioner, Kancheepuram Municipality) has issued a notice dated 22.07.2021 bearing reference e/f/vz;/11203 /2020/vg;1 Page Nos.2/7
captioned ',Wjp mwptpg;g[ ' (final notice) which has been assailed in the captioned main WP by seeking issue of a writ of certiorari.
3. A scanned reproduction of the impugned notice is as follows: Page Nos.3/7
4. Impugned notice was preceded by an order dated 23.01.2020 made in W.P.No.5235 of 2019 in a writ petition filed by spouse of R4 wherein spouse of R4 sought removal of encroachment.
5. In the order dated 23.01.2020 another Hon'ble Division Bench directed the parties to be put on notice, afford an opportunity to them and then decide about whether there is encroachment and removal of encroachment, if encroachment is noticed. Pursuant to this order, R1 issued enquiry notice dated 12.01.2021 followed by impugned notice.
6. The impugned notice has been issued by R1 under 'the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920)' [hereinafter 'said Act' for the sake of convenience] which has since been subsumed by 'The Tamil Nadu Urban Local Bodies Act, 1998, (Tamil Nadu Act 9 of 1999)' [hereinafter 'the TNULB Act' for the sake of brevity] which kicked in on and from 13.04.2023. The Repeal and Saving is vide Section 200 of TNULB Act. In and vide Section 200(1)(b) of TNULB Act, said Act is repealed but vide Section 200 (3)(e), any action instituted, done pursuant to said Act stands saved. Therefore, we deem it appropriate to write that the impugned notice will now be construed as a show-cause notice issued under Page Nos.4/7
Section 128 of TNULB Act (Section 128 (1)(b) to be precise). The stated position of learned standing counsel for R1 is, land which is subject matter of impugned notice is a street but this is disputed by the writ petitioner. We express no opinion or view on the same as we are now writing that the impugned notice will be construed as an SCN under Section 128(1)(b). Writ petitioners as well as R4 and / or any other interested person can send a representation to R1 qua impugned notice within 15 days from today i.e., on or before 09.07.2025. R1 shall consider the same and pass final orders vide proviso to Section 128(1)(b) of TNULB Act.
7. The order so made in the aforementioned manner shall be duly served on each of the writ petitioners, R4 and any other person concerned under due acknowledgement within 7 working days
8. The order so made by R1 will be kept in abeyance for a fortnight from the date of service on all concerned (last date of service on the last person will be the reckoning date) so as to enable any party to seek judicial review qua said order, if so advised and if so desired.
9. Captioned WP is disposed of in the aforesaid manner. Though obvious, coercive action, if any and if that be so will be subject to and Page Nos.5/7
depending on final orders to be made by R1 under proviso to Section 128(1)(b) with a rider to keep it in abeyance for a fortnight. Therefore, captioned WMP become otiose and the same is closed. There shall be no order as to costs.
(M.S., J.) (H.C., J.) 25.06.2025 gpa To
1. The Commissioner Kancheepuram Municipality Annai Indira Gandhi Salai Kancheepuram - 631 502
2. The District Collector Kancheepuram District Kancheepuram - 631 502
3. The Tahsildar Kancheepuram Taluk Kancheepuram District Kancheepuram - 631 502 Page Nos.6/7
M.SUNDAR, J.
and HEMANT CHANDANGOUDAR, J.
gpa 25.06.2025 Page Nos.7/7