K. THILAGARAJ Vs. COMMISSIONER MADURANTAKAM MUNICIPALITY CHENGALPATTU DISTRICT

JUDGEMENT

(1.) Subject matter of captioned main 'Writ Petition' ['WP' for the sake of brevity] is property situate in S.No.1008/1A part and 1007/part in Madurantakam Town and Taluk, Chengalpttu District, now in Town Survey No.37, Block 40,Ward-A and can otherwise be described as Door No.23/1, Old Taluk Office Road, Madurantakam Town & Taluk, Chengalpattu District' [hereinafter 'said property' for the sake of brevity].

(2.) A 'communication dtd. 6/3/2025 bearing reference e/f/vz;/61-2024/vg;1 from the sole respondent inter alia calling upon the writ petitioner to remove the alleged encroachment i.e., said property' [hereinafter 'impugned order' for the sake of convenience] has been called in question.

(3.) Mr.G.Mageshkumar, learned counsel on record for writ petitioner submits that the respondent earlier issued notice dtd. 10/10/2024 purportedly under Sec. 128 of 'the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999)' {hereinafter 'TNULB Act' for the sake of brevity}, writ petitioner came to this Court by way of a writ petition in W.P.No.34445 of 2024 inter alia on the ground that the writ petitioner has not been show-caused and this Court disposed of the writ petition in and by an order dtd. 26/11/2024 directing the '10/10/2024 notice' to be treated as 'show-cause notice' ['SCN' for the sake of brevity], permitting the writ petitioner to send a reply / representation on or before 3/12/2024 and further making it clear that if writ petitioner sends a reply/representation, on or before 3/12/2024, the same shall be considered and orders have to be passed as per proviso to Sec. 128(1)(b) of TNULB Act, writ petitioner sent a representation dtd. 2/12/2024 but impugned order has been made without considering the same.