Man Claiming Patta In Namakkal Road Encroachment Dispute Loses Bid To Quash Municipal Notice, Gets 10 Days To File Representation

In brief

The question

1. Whether the show-cause notice issued under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998, concerning alleged encroachment on Government poramboke road, should be quashed

The court held

The Court dismissed the writ petition and did not quash the show-cause notice.

It also directed

It permitted the petitioner to submit a representation with supporting documents within ten days of receiving a copy of the order and directed the respondent to consider it, take a final decision on the alleged encroachment, and thereafter proceed with enforcement action as appropriate.

No costs were awarded.

01Facts

The Namakkal municipal authorities identified an alleged encroachment in Survey No. 23/17, classified as Government poramboke road, and issued the petitioner a show-cause notice under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998.

p. 4

The petitioner claimed the land was patta land belonging to him.

p. 4

He had earlier filed O.S. No. 448 of 2022, which the Sub Court, Namakkal dismissed as not maintainable in view of Section 14 of the Tamil Nadu Land Encroachment Act, 1905.

p. 2

He then filed this writ petition seeking certiorari to quash the show-cause notice.

p. 1

02Issues

i.1. Whether the show-cause notice issued under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998, concerning alleged encroachment on Government poramboke road, should be quashed

pp. 2, 4–5

ii.2. Whether the petitioner should be permitted to place his claim of title and supporting documents before the municipal authority for consideration before enforcement action

p. 5

03Law Applied

Section 128(1)(b) of the Tamil Nadu Urban Local Bodies Act, 1998 authorises the Commissioner to remove permanent or temporary structures encroaching on a street, public place, or land belonging to or vested in the Municipality, after issuing a show-cause notice allowing fifteen days for a response; any representation received within the time limit must be considered before a final decision is made.

pp. 3–4

The Court also noted that, under Section 14 of the Tamil Nadu Land Encroachment Act, 1905, the petitioner’s civil suit was not maintainable in respect of the relevant categories of land, including Government poramboke.

p. 2

Provisions in the judgment · 1 · Linked ones open on LawLens

Tamil Nadu Land Encroachment Act, 1905 Section 14

04Reasoning

The notice identified the alleged encroachment as being on Survey No. 23/17, classified as Government poramboke road, and the Municipality stated that it had verified the revenue records before commencing enforcement action.

p. 3, 5

The Court held that the petitioner’s claim of patta rights did not justify quashing the show-cause notice; instead, he could submit his claim and supporting documents to the respondent.

p. 5

The respondent was then required to consider the representation and decide whether an encroachment existed before proceeding with removal.

p. 5