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Madras High CourtWP/35761/2023disposed of

S.K.Balasundaram v. The Collector

2023-12-22Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1 S.K.BALASUNDARAM 2 MAHESHWARI ..

Petitioners Vs 1 THE COLLECTOR SALEM DISTRICT SALEM.

2 THE REVENUE DIVISIONAL OFFICER METTUR, SALEM DISTRICT.

3 THE COMMISSIONER THARAMANGALAM MUNICIPALITY THARAMANGALAM SALEM DISTRICT.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records relating to the notice issued by the 3rd Respondent in Na.Ka.No.1736/2023/ F1, dated 22.11.2023 under Section 128 Tamil Nadu Urban Local Bodies Act (Amended) 1998, quash the same.

For the Petitioners : Mr.V.Elangovan

For the Respondents : Mr.P.Muthukumar State Government Pleader

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.V.Elangovan, learned counsel for the petitioners; and Mr.P.Muthukumar, learned State Government Pleader for the respondents.

2. The petitioners are challenging the notice for removal of encroachment issued under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998.

3. It is contended by learned counsel for the petitioners that as per Section 128(1)(b) of the Act of 1998, a show cause notice is contemplated before an order of eviction is passed. The petitioners are not issued with the show cause notice.

4. The impugned notice does not depict that show cause was issued to the petitioners.

5. In the light of that, we pass the following order: (i) the impugned notice dated 22.11.2023 shall be construed as a show cause notice;

(ii) the petitioners shall file a reply within ten days from today;

(iii) the authority shall consider the reply and thereafter pass a final order under Section 128 of the Act on its own merits and in accordance with law.

The writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, W.M.P.No.35741 of 2023 is closed. W.M.P.No.35740 of 2023 filed to permit the petitioners to file a single writ petition stands allowed and disposed of. (S.V.G., CJ.) (D.B.C., J.) 22.12.2023 Index :

Yes/No Yes/No sasi To:

1 THE COLLECTOR SALEM DISTRICT SALEM.

2 THE REVENUE DIVISIONAL OFFICER METTUR, SALEM DISTRICT.

3 THE COMMISSIONER THARAMANGALAM MUNICIPALITY THARAMANGALAM SALEM DISTRICT.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

(sasi) 22.12.2023