Case Note & Summary
The petitioner, R.Jaya, challenged a notice dated 15.09.2025 issued by the 4th respondent (Assistant Engineer, Greater Chennai Corporation) for removal of alleged encroachment. The petitioner contended that the notice was issued in violation of an earlier order dated 19.11.2024 passed by the Madras High Court in W.P.No.33832 of 2024 (G.Babu v. The District Collector, Chennai and others), which directed the authorities to supply a copy of the inspection report to the petitioner before taking any coercive action. The petitioner argued that despite this direction, the impugned notice was a straightaway removal order without providing the inspection report, thereby denying her an effective opportunity to defend. The respondent Corporation submitted that the notice was only a show cause notice and not a final order. The Court examined the contents of the impugned notice and found that it did not contain any details of the inspection report or provide a copy thereof. The Court held that the notice was in the nature of a final removal order and not a mere show cause notice, as it directed the petitioner to remove the alleged encroachment within a specified period. The Court quashed the impugned notice and directed the respondent Corporation to issue a fresh show cause notice along with a copy of the inspection report and afford the petitioner a personal hearing before passing any final order. The writ petition was allowed with the above directions.
Headnote
A) Constitutional Law - Writ Jurisdiction - Natural Justice - Show Cause Notice - The impugned notice for removal of encroachment was quashed as it did not comply with the earlier direction of this Court to supply a copy of the inspection report, thereby violating principles of natural justice. The Court held that a show cause notice must provide sufficient material to enable the noticee to effectively respond. (Paras 2-7)
B) Property Law - Encroachment - Removal - Opportunity of Hearing - The Court directed the respondent Corporation to issue a fresh show cause notice along with a copy of the inspection report and afford the petitioner a personal hearing before passing any final order. (Paras 6-7)
Issue of Consideration
Whether the impugned notice dated 15.09.2025 for removal of alleged encroachment is valid when it fails to supply the inspection report as directed by the earlier order of this Court, thereby denying the petitioner an effective opportunity of hearing.
Final Decision
The impugned notice dated 15.09.2025 is quashed. The respondent Corporation is directed to issue a fresh show cause notice along with a copy of the inspection report and afford the petitioner a personal hearing before passing any final order. The writ petition is allowed.
Law Points
- Natural justice
- show cause notice
- inspection report
- effective opportunity of hearing
- writ of certiorarified mandamus
Case Details
Manindra Mohan Shrivastava, Chief Justice, G.Arul Murugan
Ms.Kamachi.D for petitioner, Mr.M.Habeeb Rahman for R1, Mr. N.R.R.Arun Natarajan for R2, Mr.A.Arun Babu for R3 and R4
1.The District Collector, Chennai District, 2.The Commissioner, Hindu Religious and Charitable Endowments Department, 3.The Corporation Commissioner, Greater Chennai Corporation, 4.The Assistant Engineer, Greater Chennai Corporation, 5.G. Babu
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging a notice for removal of alleged encroachment.
Remedy Sought
Petitioner sought issuance of a writ of certiorarified mandamus to quash the impugned notice dated 15.09.2025 and direct the respondents to take appropriate action on her representation dated 17.07.2025 by conducting an enquiry as per directions in W.P.No.33832 of 2024.
Filing Reason
The impugned notice was issued without supplying a copy of the inspection report as directed by the earlier order of this Court, thereby violating principles of natural justice.
Previous Decisions
An earlier order dated 19.11.2024 in W.P.No.33832 of 2024 (G.Babu v. The District Collector, Chennai and others) directed the authorities to show cause by supplying a copy of the inspection report before taking any coercive action.
Issues
Whether the impugned notice dated 15.09.2025 is valid when it fails to supply the inspection report as directed by the earlier order of this Court?
Whether the impugned notice is a show cause notice or a final removal order?
Submissions/Arguments
Petitioner's counsel submitted that the earlier order required the authorities to supply a copy of the inspection report so that the petitioner could defend, but the impugned notice was a straightaway removal order without providing the report.
Respondent Corporation's counsel submitted that the notice dated 15.09.2025 is in the nature of a show cause notice and not a final order.
Ratio Decidendi
A show cause notice for removal of encroachment must supply the inspection report to the noticee to enable an effective response; failure to do so violates principles of natural justice. The notice in question was in the nature of a final removal order and not a mere show cause notice.
Judgment Excerpts
Challenge is to the notice dated 15.09.2025 on the sole ground that despite the order of this Court passed earlier on 19.11.2024 in W.P.No.33832 of 2024, straightaway a removal order has been slapped on the face of the petitioner.
The order of this Court required the respondent authorities to show cause by supplying a copy of the inspection report, so that the petitioner could defend and satisfy the authority that it is not a case of encroachment.
The notice is quashed. The respondent Corporation is directed to issue a fresh show cause notice along with a copy of the inspection report and afford the petitioner a personal hearing before passing any final order.
Procedural History
The petitioner filed W.P.No.4792 of 2026 challenging the notice dated 15.09.2025. The Court heard the matter with consent and passed the final order on 19.02.2026.
Acts & Sections
- Constitution of India: Article 226
