Case Note & Summary
The petitioner, Ramiah, filed two writ petitions: W.P.No.11306 of 2023 challenging a notice dated 06.04.2023 issued under the Hosur Corporation Act, 2019 by the Commissioner, Hosur City Municipality, and W.P.No.11202 of 2025 challenging a notice dated 27.10.2011 issued by the Thasildhar, Hosur. The court noted that the notice in W.P.No.11306 of 2023 was issued under the Hosur Corporation Act, 2019, but the applicable law for eviction proceedings is the Tamil Nadu Urban Local Bodies Act, 1998. The court treated the impugned notice as a show cause notice under the 1998 Act to allow the petitioner to submit an explanation. The respondent Corporation submitted that the petitioner's application for patta was rejected and enforcement actions were initiated. The court granted the petitioner two weeks to submit an explanation, after which the respondent would pass appropriate orders and proceed with removal of encroachments under the 1998 Act if encroachments are identified. Consequently, W.P.No.11306 of 2023 was dismissed, and W.P.No.11202 of 2025 was closed. No costs were awarded, and all miscellaneous petitions were closed.
Headnote
A) Municipal Law - Eviction Proceedings - Applicable Act - Notice under Hosur Corporation Act, 2019 treated as show cause under Tamil Nadu Urban Local Bodies Act, 1998 - The court held that all eviction proceedings must be initiated under the Tamil Nadu Urban Local Bodies Act, 1998, and the notice under the 2019 Act was treated as a show cause notice under the 1998 Act to enable the petitioner to submit an explanation. (Paras 2-4)
B) Municipal Law - Encroachment - Removal - Opportunity of Hearing - The court directed the petitioner to submit an explanation within two weeks, and the respondent to pass appropriate orders and proceed with enforcement action for removal of encroachments under the relevant provisions of the Act, 1998, if encroachments are identified. (Paras 4-5)
Issue of Consideration
Whether a notice issued under the Hosur Corporation Act, 2019 for eviction can be sustained when the applicable law is the Tamil Nadu Urban Local Bodies Act, 1998
Final Decision
W.P.No.11306 of 2023 dismissed; notice treated as show cause under Tamil Nadu Urban Local Bodies Act, 1998; petitioner granted two weeks to submit explanation; respondent to pass orders and proceed with removal of encroachments under Act, 1998 if encroachments identified. W.P.No.11202 of 2025 closed. No costs. All miscellaneous petitions closed.
Law Points
- Eviction proceedings under Hosur Corporation Act
- 2019 must be initiated under Tamil Nadu Urban Local Bodies Act
- 1998
- Notice under wrong Act can be treated as show cause under correct Act
- Opportunity of hearing must be given before eviction
Case Details
2026 LawText (MAD) (03) 204
W.P.Nos.11306 of 2023 and 11202 of 2025 AND W.M.P.Nos.11191 of 2023, 12631 & 12632 OF 2025
S.M.Subramaniam, K.Surender
Mr.K.Venkatasubban for M/s.Sarvabhauman Associates (for petitioner), Mr.T.Balaji (Standing Counsel for Corporation), Mr.T.Arun Kumar (AGP for R1 in W.P.11202/2025)
The Commissioner, Hosur City Municipality, Hosur (in W.P.No.11306 of 2023); The Thasildhar, Hosur and The Commissioner, Hosur City Municipal Corporation (in W.P.No.11202 of 2025)
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Nature of Litigation
Writ petition challenging eviction notice issued under Hosur Corporation Act, 2019
Remedy Sought
Quashing of notice dated 06.04.2023 (in W.P.No.11306 of 2023) and notice dated 27.10.2011 (in W.P.No.11202 of 2025)
Filing Reason
Petitioner received eviction notice under Hosur Corporation Act, 2019, but the applicable law is Tamil Nadu Urban Local Bodies Act, 1998
Previous Decisions
Petitioner's application for patta was rejected; enforcement actions initiated
Issues
Whether the notice issued under Hosur Corporation Act, 2019 is valid when eviction proceedings must be under Tamil Nadu Urban Local Bodies Act, 1998
Submissions/Arguments
Petitioner challenged the notice as being under the wrong Act
Respondent submitted that petitioner's patta application was rejected and enforcement actions were initiated
Ratio Decidendi
Eviction proceedings under municipal law must be initiated under the applicable Act (Tamil Nadu Urban Local Bodies Act, 1998), and a notice under a different Act can be treated as a show cause notice under the correct Act to provide an opportunity of hearing.
Judgment Excerpts
In terms of Tamil Nadu Urban Local Bodies Act, 1998 (in short 'the Act, 1998'), all eviction proceedings are to be initiated under the said Act, 1998.
Therefore, notice issued under Hosur Corporation Act, 2019 is treated as a show cause notice issued under the Act, 1998, so as to enable the petitioner to submit his explanation along with documents, if any to defend his case.
petitioner is at liberty to submit his explanation within a period of two weeks from the date of receipt of a copy of this order.
On receipt of any such explanation from the petitioner, respondent shall pass appropriate orders and proceed with enforcement action for removal of encroachments under the relevant provisions of the Act, 1998, if encroachments are identified.
Procedural History
Petitioner filed W.P.No.11306 of 2023 challenging notice dated 06.04.2023 under Hosur Corporation Act, 2019. Also filed W.P.No.11202 of 2025 challenging notice dated 27.10.2011. Both petitions were heard together and disposed by common order dated 25.03.2026.
Acts & Sections
- Hosur Corporation Act, 2019:
- Tamil Nadu Urban Local Bodies Act, 1998:
