Case Note & Summary
The petitioners, P. Vijaya and E. Lakshmi, filed two writ petitions challenging show cause notices dated 13.02.2026 issued by the Commissioner of Thirukovilur Municipality under Section 128(1)(b)(2) of the Tamil Nadu Urban Local Bodies Act, 1998. The notices alleged that the petitioners had encroached upon a water body and called upon them to show cause why their structures should not be removed. The petitioners submitted their explanations on 25.02.2026. Their grievance was that before taking a final decision on their representations, the respondents were attempting to evict them and demolish their residential house and flower shop without due process of law. The court observed that the statute mandates that any representation received within the prescribed time limit must be considered by the authority before passing final orders. The court held that the competent authority must pass final orders after considering the representations before initiating any enforcement action for removal of encroachments. The court directed the respondents to consider the petitioners' representations and pass final orders on merits and in accordance with law within a period of four weeks. Until final orders are passed, the respondents were directed not to evict the petitioners or demolish their structures. The writ petitions were disposed of with these directions.
Headnote
A) Municipal Law - Encroachment - Show Cause Notice - Section 128 Tamil Nadu Urban Local Bodies Act, 1998 - Petitioners challenged show cause notices issued under Section 128(1)(b)(2) alleging encroachment on a water body - Court held that the authority must consider the representations submitted by the petitioners before passing final orders and cannot initiate enforcement action without following statutory procedure (Paras 2-4).
Issue of Consideration
Whether the authority can proceed with eviction without considering the petitioners' explanations submitted in response to show cause notices under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998.
Final Decision
The writ petitions are disposed of with a direction to the respondents to consider the petitioners' representations dated 25.02.2026 and pass final orders on merits and in accordance with law within a period of four weeks. Until final orders are passed, the respondents are directed not to evict the petitioners or demolish their structures.
Law Points
- Statutory procedure must be followed before eviction
- Representation must be considered before final order
- Section 128 Tamil Nadu Urban Local Bodies Act 1998
