Case Note & Summary
The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the official respondents, including the Commissioner of Greater Chennai Corporation and others, to remove alleged encroachments by private respondents (R5 to R10) on a public road comprised in R.S.Nos.1754/1, 1752/2 Part of Tondiarpet Division, Chennai, and to restore public amenities such as drainage, bore well, hand pump, metro water line and street light. The petitioner contended that the land was a public road and that repeated requests and representations to the official respondents had failed to yield any action. The court, after hearing the submissions of the counsel for the petitioner and the official respondents, found that a survey of the land was imperative to ascertain the facts regarding encroachment. Consequently, the Tahsildar, Tondiarpet Taluk, was suo motu impleaded as the eleventh respondent. The court directed that a joint survey of the land be conducted by the Tahsildar after putting the petitioner and the private respondents on notice, and that the survey report be drawn up, all within four weeks. If encroachments were found, the Greater Chennai Corporation was directed to initiate suitable action under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998, within a further period of four weeks. The court emphasized that any action must comply with Section 128, which requires a show cause notice to be issued to alleged encroachers returnable within fifteen days, and that any representation received must be considered before passing final orders. The rights and contentions of the private respondents and any other alleged encroacher were expressly preserved, and all questions were left open. The writ petition was disposed of with the aforementioned directions, and no costs were awarded.
Headnote
A) Municipal Law - Encroachment on Public Land - Survey Required - Tamil Nadu Urban Local Bodies Act, 1998, Section 128 - The court directed a joint survey of the land in question to be conducted by the Tahsildar (R11) on notice to the petitioner and private respondents, with a survey report to be drawn up, to ascertain encroachments - Held that survey is imperative before action (Paras 6-7, 13.1-13.3). B) Municipal Law - Removal of Encroachments - Procedure under Section 128 - Tamil Nadu Urban Local Bodies Act, 1998, Section 128(1)(b) and proviso - The court noted that upon finding encroachments, the Commissioner (R1) shall initiate action under Section 128, issuing show cause notice to alleged encroachers returnable in 15 days, and shall consider any representation before passing final orders - Held that action shall be initiated within timelines (Paras 9-10, 13.4-13.5). C) Municipal Law - Preservation of Rights of Alleged Encroachers - Natural Justice - Tamil Nadu Urban Local Bodies Act, 1998, Section 128 proviso - The court clarified that the rights and contentions of private respondents (R5-R10) and any other alleged encroacher are preserved, and all questions are left open for representation to be considered by the Commissioner - Held that natural justice must be observed (Paras 11, 13.5). D) Constitutional Law - Writ Jurisdiction - Suo Motu Impleadment - Constitution of India, 1950, Article 226 - The court suo motu impleaded the Tahsildar as R11 to conduct the survey, as it was imperative for determining encroachment - Held that the court has power to implead necessary parties for effective adjudication (Paras 5-6).
Issue of Consideration
Whether a writ of mandamus should be issued directing official respondents to remove encroachments on a public road and if so, the procedure to be followed under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998
Final Decision
Writ petition disposed of with the following directions: R1 shall conduct a joint survey of the land after putting on notice the writ petitioner and R5 to R10; the survey to be completed within four weeks (on or before 21.04.2025); if encroachments are found, action under Section 128 of TNULB Act shall be initiated by GCC within four weeks thereafter (on or before 19.05.2025); show cause notice returnable in fifteen days to be issued; representation if any to be considered before passing final orders; rights of all private respondents and any other alleged encroacher are preserved; no costs.
Law Points
- Legal points not extracted
- Power of Commissioner under Section 128 of Tamil Nadu Urban Local Bodies Act to remove encroachments
- survey of public land to identify encroachments
- procedure for removal of encroachments including show cause notice and opportunity of hearing
- preservation of rights of alleged encroachers
