1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.8657 of 2011 and M.P.No.1 of 2011 Chelladurai Nadar : Petitioner Vs. The Executive Officer, S.Kodikulam Village Panchayat, Virudhunagar District. : Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records in Na.Ka.No.166/11, dated 06.07.2011 passed by the respondent and set aside the same. For Petitioner : Mr.G.R.Swaminathan For Respondent : Mr.K.Mahendran Special Government Pleader O R D E R ********** [Order of the Court was made BY P.JYOTHIMANI, J] Mr.K.Mahendran, learned Special Government Pleader, takes notice on behalf of the respondent. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. The petitioner is stated to have put up a bathroom in a poramboke land comprised in Survey No.773/51 at Kamarajar Salai, Kodikulam Village, Koomapatti. The respondent has issued the impugned final notice directing the petitioner to remove the said bathroom within a period of seven days from the date of receipt of the impugned order, failing which, action will be initiated as per the provisions of the Tamil Nadu Municipalities Act, 1920. Challenging the same, the petitioner has come forward with the present Writ Petition. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The grievance of the petitioner is that by the impugned notice, he has been straightaway asked to remove the alleged encroachment even without giving an opportunity to submit his explanation/objections. 4. Having regard to the fact that the petitioner was not given any opportunity whatsoever before the impugned notice was issued, we are of the view that the impugned notice should be directed to be treated as a show cause notice and the petitioner must be given opportunity to submit his explanation/objections for the impugned notice, and thereafter, it is for the respondent to pass appropriate orders taking note of the explanation/objections to be filed by the petitioner. 5. Accordingly, without going into the validity or otherwise of the impugned notice, the Writ Petition stands disposed of in the following terms:- The impugned notice dated 06.07.2011 shall be treated as a show cause notice and the petitioner is directed to submit his explanation/objections within a period of four weeks from the date of receipt of a copy of this order.  On receipt of such explanation/objections, along with a copy of this order, the respondent shall consider the same and pass appropriate orders on merits and in accordance with law.  Till such final orders are passed by the respondent, status- quo as-on-date in respect of possession shall be maintained. No costs. Consequently, connected Miscellaneous Petition closed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To The Executive Officer, S.Kodikulam Village Panchayat, Virudhunagar District. +One Cc to Mr.G.R.Swaminthan, Advocate, SR.No.26228 NB rl/3c – 9.8.2011 ORDER MADE IN W.P.(MD).No.8657 of 2011 https://hcservices.ecourts.gov.in/hcservices/