Case Note & Summary
The petitioner, D. Manoharan, filed a writ petition under Article 226 of the Constitution of India before the Madras High Court challenging a notice dated 19.01.2026 issued by the 4th respondent (Assistant Executive Engineer, Zone VI, Greater Chennai Corporation) under Section 128(1)(b) of the Tamil Nadu Urban Local Bodies Act, 1998 (TNULB Act). The petitioner sought a writ of certiorarified mandamus to quash the notice and, in the alternative, to direct the respondents to provide rehabilitation, alternative accommodation, or just compensation before eviction. The petitioner claimed he was not an encroacher and had submitted a representation in response to the notice. The respondents, represented by the standing counsel, argued that the procedures under Section 128 of the TNULB Act were being scrupulously followed and that the petitioner's representation would be considered before any final decision. The court observed that the petitioner had not established any legal right and that a writ against a show cause notice is not entertainable. The court dismissed the writ petition, holding that the authorities must follow the statutory procedure, including considering the petitioner's representation, before taking any enforcement action. Consequently, the connected miscellaneous petitions were closed with no order as to costs.
Headnote
A) Constitutional Law - Writ Jurisdiction - Maintainability of Writ Against Show Cause Notice - The court held that a writ petition against a show cause notice is not entertainable unless the petitioner establishes a legal right. The petitioner had not demonstrated any legal right, and the notice was merely a preliminary step in the encroachment removal process. (Para 5) B) Municipal Law - Encroachment Removal - Procedure under Section 128 TNULB Act - The court noted that the authorities must follow the procedure under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998, including considering representations, before taking final action for removal of encroachments. (Paras 3-4)
Issue of Consideration
Whether a writ petition against a show cause notice issued under Section 128(1)(b) of the Tamil Nadu Urban Local Bodies Act, 1998 is maintainable when the petitioner has not established any legal right.
Final Decision
The writ petition was dismissed. Consequently, connected miscellaneous petitions were closed. There shall be no order as to costs.
Law Points
- Writ against show cause notice not maintainable
- No legal right established
- Encroachment removal procedure under Section 128 TNULB Act
