Case Note & Summary
The petitioners, P.Vijaya and E.Lakshmi, filed two writ petitions under Article 226 of the Constitution of India 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 threatened eviction and demolition of their residential house and flower shops situated at No.19, Union Office Road, Thirukovilur, Kallakurichi. The petitioners had submitted their explanations on 25.02.2026, but before any final decision was taken, the respondents were attempting to evict them. The court noted that the statute mandates that any representation received within the prescribed time limit must be considered by the authority before passing final orders. The learned counsel for the petitioners argued that the impugned notice revealed the alleged encroachment was within a water body, but the authority could not proceed without considering the explanations. The court held that the procedures under Section 128 must be scrupulously followed, and the competent authority must pass final orders before initiating any enforcement action for removal of encroachments. Accordingly, the court directed the respondents to consider the petitioners' explanations and pass final orders within two weeks, maintaining status quo until then. The writ petitions were disposed of with these directions.
Headnote
A) Municipal Law - Encroachment - Show Cause Notice - Section 128(1)(b)(2) Tamil Nadu Urban Local Bodies Act, 1998 - Petitioners challenged show cause notices alleging encroachment on water body - Court held that the authority must consider representations received within the prescribed time limit before passing final orders and initiating enforcement action - Directed respondents to consider explanations and pass final orders within two weeks, maintaining status quo until then (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 court directed the respondents to consider the petitioners' explanations and pass final orders within two weeks. Until then, status quo as on date shall be maintained. The writ petitions were disposed of.
Law Points
- Statutory compliance
- Natural justice
- Consideration of representation before final order
- Section 128 Tamil Nadu Urban Local Bodies Act 1998
