Facts
The first respondent filed a writ petition alleging that shopkeepers were carrying on commercial activities in an area of Kani Market, Erode, earmarked as open-space reserve area.
Source reference: pp. 3–5, paras. 1–6The appellants, who occupied shops in the area, were not parties to the writ petition.
Source reference: pp. 3–5, paras. 1–6The Single Judge observed that the reserve area could not be used for commercial purposes and directed the Municipal Commissioner to consider the first respondent’s representation and act in accordance with law.
Source reference: pp. 3–5, paras. 1–6The appellants alleged that the authorities proceeded to evict them without notice.
Source reference: pp. 3–5, paras. 1–6In the appeal, the Commissioner undertook to issue notice and conduct an enquiry before taking action.
Source reference: pp. 3–5, paras. 1–6Issues
1. Whether the authorities could proceed to evict the appellants without notice and an opportunity to be heard when the writ order directed action only in accordance with law
Source reference: pp. 4–5, paras. 2, 6–72. Whether the Commissioner should be directed to conduct an enquiry and pass a reasoned order before taking further action concerning the alleged occupation of the reserve area
Source reference: p. 6, para. 8Law Applied
The Court applied the principles of natural justice and procedural fairness: where administrative action may affect persons who were not parties to the proceedings giving rise to the direction, the authorities must give them notice and an opportunity to be heard before acting against them.
Source reference: pp. 5–6, paras. 7–8A direction to act “in accordance with law” requires the authorities to follow a fair procedure, including an enquiry and a reasoned decision.
Source reference: pp. 5–6, paras. 7–8The judgment cites no specific statute or precedent.
Source reference: pp. 5–6, paras. 7–8Reasoning
The appellants were alleged to occupy the reserve area but had not been joined in the writ petition.
Source reference: pp. 5–6, paras. 6–8The Single Judge’s direction required the Commissioner to consider the representation and act in accordance with law; it did not authorize immediate eviction without hearing the affected shopkeepers.
Source reference: pp. 5–6, paras. 6–8The authorities were therefore required to notify the concerned parties, conduct an enquiry, and decide the matter before taking further action.
Source reference: pp. 5–6, paras. 6–8Holding
The appeal was disposed of with a direction to the Commissioner to issue notice to all concerned parties, afford them an opportunity to be heard, conduct an enquiry, and pass a reasoned order as expeditiously as possible before taking further action in accordance with law.
No coercive action may be taken against the appellants until that order is passed.
Source reference: p. 6, para. 8No order as to costs; the interim application was closed.
Source reference: p. 6, para. 8Original Court PDF
S.Alavudeen BashavsMohammed Sithik
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