W.P.Nos.13079, 13080 & 13125 of 2018 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.01.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P.Nos.13079, 13080 & 13125 of 2018 and W.M.P.Nos.15369, 15370 & 15424 of 2018 1. K.Sabapathy Krishnan Gounder (died) 2. S.Ashok Kumar S/o.Late K.Sabapathy 3. R.Vathsaladevi D/o.Late K.Sabapathy ... Petitioners in W.P.Nos.13079 & 13080 of 2018 * P2 and P3 substituted as legalheirs of deceased P1 as per order dated 24.01.2025 in W.M.P.Nos.36049 & 36054 of 2024 in W.P.Nos.13079 & 13080 of 2018 S.Umarani W/o.V.B.Shanmugam ... Petitioner in W.P.No.13125 of 2018 Vs. Page Nos.1/8 https://www.mhc.tn.gov.in/judis W.P.Nos.13079, 13080 & 13125 of 2018 1. Government of Tamil Nadu Rep. by its Secretary Housing and Urban Development Board Fort St.George, Chennai. 2. The Commissioner Corporation of Coimbatore Coimbatore. ... Respondents in all WPs Prayer : Writ Petitions filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari, to call for records of the 2nd respondent dated 08.05.2018 in Na.Ka.No.9754/2013/MH5 and quash the same. For Petitioner in all WPs : Mr.S.Mukunth Senior Counsel instructed by Mr.M.Vishnu Prasad For Respondents in all WPs : Mr.T.K.Saravanan Government Advocate, for R1 Mr.K.Magesh Standing Counsel, for R2 C O M M O N O R D E R [Order of the Court was made by M.SUNDAR, J.,] This common order will now govern the captioned three main 'Writ Petitions' {hereinafter 'WPs' for the sake of brevity} and captioned three Page Nos.2/8 https://www.mhc.tn.gov.in/judis W.P.Nos.13079, 13080 & 13125 of 2018 'Writ Miscellaneous Petitions' {hereinafter 'WMPs' for the sake of brevity} thereat. 2. Mr.S.Mukunth, learned Senior Counsel instructed by Mr.M.Vishnu Prasad of M/s.Sarvabhauman Associates (Law Firm) on behalf of writ petitioners, Mr.T.K.Saravanan, learned Government Advocate for R1 and Mr.M.Magesh (learned Standing Counsel for Coimbatore Corporation) for R2 in all three WPs are before us. 3. In all three WPs, three separate notices, all dated 08.05.2018 all bearing reference Na.Ka.No.9754/2013/MH5 have been called in question. These three notices shall hereinafter be collectively referred to as 'impugned notices' for the sake of brevity, convenience and clarity. 4. Impugned notices have been issued under Sections 258(4) and 441 of 'the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981)' {hereinafter 'said CBE CMC Act' for the sake of brevity, convenience and clarity}. Post impugned notices, 'The Tamil Nadu Urban Local Bodies Act, 1998 (Act 9 of 1999)' (hereinafter 'TNULB Act' for the sake of convenience and clarity) kicked in on 13.04.2023. In and vide Section 200(1)(d) of TNULB Act, said CBE CMC Act is repealed but all Page Nos.3/8 https://www.mhc.tn.gov.in/judis W.P.Nos.13079, 13080 & 13125 of 2018 things done under CBE CMC Act stand saved vide Section 200(3)(e). Sections 200(1)(d) and 200(3)(e) of TNULB Act read as follows '200. Repeal and Saving. (1) The following Acts are hereby repealed, namely :- (a) ......................... (b) ........................ (c) ........................ (d) the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981); (e) to (z) .............. (2) ....................... (3) Notwithstanding such repeal - (a) ...................... (b) ..................... (c) ..................... (d) ..................... (e) all things done, made, instituted, executed and appointed by the municipal corporations, municipalities, town panchayats under the relevant Acts referred to in sub-section (1) before the commencement of the Tamil Nadu Urban Local Bodies (Amendment) At, 2022 shall be deemed to have been done, made, instituted, executed or appointed, as the case may be, by the municipal corporations, municipalities and town panchayats deemed to have been constituted under the provisions of this Act. Page Nos.4/8 https://www.mhc.tn.gov.in/judis W.P.Nos.13079, 13080 & 13125 of 2018 5. Therefore, in the light of the aforementioned provisions of TNULB Act, impugned notices survive, notwithstanding repeal of CBE CMC Act. 6. Be that as it may, impugned notices are issued calling upon noticees / writ petitioners to remove the alleged encroachment within 15 days. 7. We are of the considered view that writ petitioners ought to have been show-caused and given an opportunity. In any event, this situation is covered by Section 128(1)(b) of TNULB Act which reads as follows: '128. Power to remove encroachment from public place. - (1) The Commissioner may, - (a) remove without any notice any movable temporary structure, enclosure, stall, booth, any article whatsoever hawked, exposed or displayed for sale or any other thing whatsoever by way of encroaching street or public place or the [land belonging to or vested with the municipality] with the municipal limit; (b) remove any immovable structure whether permanent or of temporary nature encroaching the street or public place or the [land belonging to municipality or vested with the municipality] within the municipal limit, after issuing a show cause notice for Page Nos.5/8 https://www.mhc.tn.gov.in/judis W.P.Nos.13079, 13080 & 13125 of 2018 such removal, returnable within a period of seven days from the date of receipt thereof: Provided that the Commissioner shall consider any representation received within the time limit, before passing final orders. 8. Therefore, we are of the considered view that it will suffice if we hold that impugned notices shall now be treated as 'Show Cause Notices' {'SCNs'}, writ petitioners can respond within a fortnight from today i.e., by 11.02.2025 and thereafter, R2 shall pass final orders vide proviso to Section 128(1)(b) of TNULB Act. If orders passed by R2 are in favour of writ petitioners, that would be curtains on the matter and if that not be so, further coercive action, if any, if so advised and if so desired, shall be subject to / depending on orders of R2. Captioned three WPs disposed of in the aforesaid manner i.e., holding that impugned notices shall be treated as SCNs and setting out time lines, as we have held that further action will be subject to / depending on orders of R2 under proviso to Section 128(1)(b) of TNULB Act, interim orders now Page Nos.6/8 https://www.mhc.tn.gov.in/judis W.P.Nos.13079, 13080 & 13125 of 2018 operating become get subsumed and captioned WMPs are disposed of as closed. There shall be no order as to costs. (M.S.,J.) (K.R.S.,J.) 28.01.2025 Index : Yes / No Neutral Citation : Yes / No Speaking order / Non-speaking order mk To 1. Government of Tamil Nadu Rep. by its Secretary Housing and Urban Development Board Fort St.George, Chennai. 2. The Commissioner Corporation of Coimbatore Coimbatore. Page Nos.7/8 https://www.mhc.tn.gov.in/judis W.P.Nos.13079, 13080 & 13125 of 2018 M.SUNDAR, J., and K.RAJASEKAR, J., mk W.P.Nos.13079, 13080 & 13125 of 2018 28.01.2025 Page Nos.8/8 https://www.mhc.tn.gov.in/judis