A writ petition challenging a show cause notice for encroachment removal is not maintainable.

The petitioner challenged a notice issued by the 4th Respondent (Assistant Executive Engineer, Zone VI) under Section 128(1)(b) of The Tamil Nadu Urban Local Bodies Act, 1998, dated 19.01.2026

The petitioner sought a Writ of Certiorarified Mandamus to quash the notice and requested a direction for rehabilitation, alternative accommodation, or compensation prior to any eviction

While the petitioner asserted he was not an encroacher, he had already submitted a representation to the authorities in response to the impugned notice

The respondents maintained that the statutory procedure for encroachment removal was being scrupulously followed

1. Whether a writ petition is maintainable against a show cause notice issued under the Tamil Nadu Urban Local Bodies Act, 1998, when the administrative adjudication is pending?

The court applied Section 128 of The Tamil Nadu Urban Local Bodies Act, 1998 (Act 9 of 1999), which mandates the procedure for the removal of encroachments, including the provision of an opportunity for the alleged encroacher to be heard

It further applied the principle that a writ petition is generally not maintainable against a show cause notice unless the petitioner establishes a violation of a legal right or a jurisdictional error

The court observed that the impugned notice was essentially a show cause notice to which the petitioner had already responded via a representation

The court accepted the submission of the Standing Counsel for the Corporation that the procedures under Section 128 of the TNULB Act were being followed, ensuring that any final decision would only be taken after considering the petitioner's representation

The court reasoned that since the competent authority had yet to take a final decision and the petitioner had failed to establish a clear legal right at this stage, judicial intervention was premature

The court emphasized that if encroachments are eventually identified, enforcement actions must strictly adhere to the statutory procedures contemplated under the Act

It held that a writ against a show cause notice is not entertainable in the absence of an established legal right

The court directed the authorities to consider the petitioner's representation and take a final decision before proceeding with any enforcement or removal of encroachments in accordance with the provisions of the TNULB Act