Case Note & Summary
The petitioner, M. Nagur Meeran, filed a writ petition under Article 226 of the Constitution of India before the Madras High Court challenging show cause notices dated 15.02.2025 and 17.02.2025 issued by the 4th respondent (Executive Officer, Naravari Kuppam Town Panchayat) and the 3rd respondent (Tahsildar) respectively, for removal of alleged encroachments. The petitioner sought a writ of certiorarified mandamus to quash these notices and to direct the respondents not to disturb his business. The court noted that the authorities had identified encroachments based on complaints from traders and after conducting a survey. The show cause notice itself provided an opportunity to the encroachers to either vacate the encroached portion within the stipulated time or submit an explanation with documents, which the authorities were bound to consider before taking a final decision. The court observed that this procedure is contemplated under the Tamil Nadu Urban Local Bodies Act, particularly Section 128. Since the notice was only a show cause notice and not a final order, the court held that the writ petition was premature. The court dismissed the writ petition but granted liberty to the petitioner to submit a representation within ten days from the date of receipt of the order, and directed the authorities to consider the same and pass appropriate orders in accordance with law.
Headnote
A) Local Government - Encroachment Removal - Show Cause Notice - Section 128, Tamil Nadu Urban Local Bodies Act - The petitioner challenged a show cause notice issued by the Executive Authority of Town Panchayat for removal of encroachment. The court held that the notice itself provided an opportunity to the encroacher to vacate or submit an explanation, and the authorities are bound to consider the same before taking a final decision. The writ petition was dismissed as premature, with liberty to the petitioner to submit a representation within ten days. (Paras 1-4)
Issue of Consideration
Whether a show cause notice for removal of encroachment can be challenged in a writ petition before the petitioner has submitted his explanation and the authorities have taken a final decision.
Final Decision
The writ petition is dismissed. The petitioner is at liberty to submit his representation within ten days from the date of receipt of a copy of this order. On receipt of such representation, the authorities shall consider the same and pass appropriate orders in accordance with law.
Law Points
- Show cause notice for removal of encroachment is not final order
- opportunity of hearing must be given before removal
- Section 128 of Tamil Nadu Urban Local Bodies Act provides procedure for removal of encroachments
