Madras High CourtWP/29336/2025disposed of

Sundaramoorthy v. The District Collector

2025-08-06Honourable Mr Justice M. Sundar,Honourable Mr.Justice T. Vinod Kumar8 pages

2025:MHC:1923

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.08.2025

CORAM

THE HON'BLE MR JUSTICE M. SUNDAR AND THE HON'BLE MR.JUSTICE T. VINOD KUMAR Sundaramoorthi S/o.Velu ... petitioner Vs 1.

The District Collector District Collectorate Office Villupuram District.

The Inspector of Police Taluk Police Station Villupuram District.

The Municipal Commissioner Villupuram District.

The Revenue Divisional Officer Villupuram District.

The Tahsildar Villupuram District.

Lakshmi W/o.Veerappan ... Respondents

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus, directing the respondents No.3 herein to enforce the eviction orders passed in Na.Ka.No.4253/2024/F2 dated 13.05.2025 to remove the illegal encroachment made by the respondent No.6 herein in Survey No.26/1 of Paanampattu Village, Villupuram Taluk, Villupuram District. For Petitioner:

Ms.S.Gayathri For Respondent(s):

Mr.T.K.Saravanan Additional Government Pleader for R1 to R5

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 with a prayer seeking issue of a writ of mandamus.

2. To be noted, mandamus sought is to direct R3 [the Municipal Commissioner, Villupuram District] to enforce an 'order dated 13.05.2025 bearing reference Na.Ka.No.4253/2024/F2' {hereinafter 'said notice' for the sake of brevity, convenience and clarity}. A scanned reproduction of said notice is as follows:

3. Ms.S.Gayathri, learned counsel on record for writ petitioner, adverting to said notice submits that there is encroachment in land classified as Circar Poromboke - Pattai Poromboke which is in the front of writ petitioner's property and that is the basis on which mandamus prayer has been made.

4. Issue notice to official respondents i.e., R1 to R5.

5. Mr.T.K.Saravanan, learned Additional Government Pleader, accepts notice for official respondents (R1 to R5) and submits that prior to said notice, an earlier notice dated 28.06.2024 bearing reference Na.Ka.No.4253/2024/F2 was sent to R6 but there is no response.

6. Said notice issued by R3 vide caption thereat makes it clear that it has been issued under Sections 128(1)(b) and 128(2) of 'the Tamil Nadu Urban Local Bodies (Amendment) Act, 2022 (Tamil Nadu Act 35 of 2022)' [hereinafter 'the amended TNULB Act' for the sake of convenience and clarity].

7. A bare perusal of said notice brings to light that it is not in conformity with Section 128(1)(b) of the amended TNULB Act much less mechanism put in place with regard to 'RoE' ['Removal of Encroachment']. However, as the

mechanism provides for alleged encroacher being show caused (15 days show cause notice) and making 'final orders' by Commissioner on any representation, we deem it appropriate to make an order directing said notice to be treated as 'Show Cause Notice' {hereinafter 'SCN' for the sake of brevity, convenience and clarity} within the meaning of Section 128(1)(b) of the amended TNULB Act which would balance the rights of all concerned. In this regard, we make it clear that this order will not impact the rights of R6 in any manner. On the contrary, we make it clear that rights and contentions of R6 (private respondent) remain preserved and more particularly, when private respondent responds to the said notice.

8. Before we proceed further, we deem it appropriate to write that Sections 128(1)(b) and 128(2) of the amended TNULB Act cannot be rolled in one go. Section 128(2) of the amended TNULB Act will be subject to outcome of mechanism under Section 128(1)(b) of the amended TNULB Act. With this clarification, we proceed to write the operative portion of instant order.

9. The following order is made:

(a) Said notice shall now be treated as SCN within the meaning of Section 128(1)(b) of the amended TNULB Act and it is

open to writ petitioner as well as R6 to send a representation / response to SCN within 15 days from the date of uploading of this order in the official website of this Court (15 days shall be reckoned from the third day of uploading) though the writ petitioner has already sent a representation dated 30.09.2024 which is prior to said notice;

(b) Representation from the writ petitioner and / or R6 shall be considered by R3 and 'final orders' shall be made within the meaning of proviso to Section 128(1)(b) of the amended TNULB Act;

(c) Final orders to be made by R3 in the aforesaid manner shall be duly served on the writ petitioner as well as R6 within seven working days from the date of the order; (d) RoE, if any and if that be so, will be subject to and depending on the final orders to be made in the aforesaid manner; and (e) As we have preserved all rights and contentions of R6, we dispense with notice to R6 but making it clear that within three working days from the date of uploading of this order in the official

website of this Court, R3 shall communicate this order to R6 under due acknowledgement.

Captioned WP disposed of as closed with directives, observations and preservation of rights in the aforesaid manner. There shall be no order as to costs.

(M.S.,J.) (T.V.K.,J.) 06.08.2025 mk speaking / Non-speaking order Index : Yes / No P.S. I: Upload forthwith P.S.II : All concerned to act forthwith on the uploaded soft copy of this proceedings as uploaded in the official website of this Court. To be noted, the soft copies uploaded in the official website of this Court are water marked, besides being QR Coded.

M.SUNDAR, J.

AND T.VINOD KUMAR, J.

mk 1.