V.Kalaivani v. The Salem City Municipal Corporation

ORDER [made by M.SUNDAR, J.] Captioned 'writ petition' [hereinafter 'WP' for the sake of brevity] has been filed with a Removal of Encroahcment (RoE) prayer qua alleged obstructions and alleged encroachments in Vaalmeegi Street situate in Ward No.32, Ammapet, within Salem Corporation.

¶2Mr. D. Selvam, learned counsel on record for writ petitioners who is before us, submits that the writ petitioners reside in Vaalmeegi Street, they are affected by alleged obstructions and alleged encroachments. Learned counsel also submits that the RoE prayer is predicated on a representation dated 19.07.2024 sent to R2 (Commissioner). Inaction necessitated the captioned WP is learned counsel's further say.

¶3Be that as it may, Mr. T.K. Saravanan, learned Additional Government Pleader representing Ms. N. Devi, learned Standing Page No.2/6 Counsel for respondents, has now placed before us what is styled as status report of R2 (report dated 22.11.2024). Paragraphs 5 to 7 of this status report are of relevance and a scanned reproduction of the same is as follows: Page No.3/6

¶4The aforereferred status report speaks for itself.

¶5Learned State counsel submits that R2 would commence RoE proceedings under the Tamil Nadu Urban Local Bodies (Amendment) Act, 2022 (Tamil Nadu Act 35 of 2022) [hereinafter 'Amended TNULB Act' for the sake of brevity] and that such commencement is in the anvil.

¶6It is also submitted that proceedings under the Amended TNULB Act will be commenced within eight weeks from today i.e., on or before 26.09.2025. Commencement of proceedings under the Amended TNULB Act necessarily means alleged encroachers being put Page No.4/6 on notice and being afforded an opportunity by issuance of 15 days show cause notice (SCN). In this regard, we make it clear that all the rights and contentions of the noticees will stand preserved for responding to the SCN without being impacted by instant order.

¶7Be that as it may, we also make it clear that subject to the response of the noticees, further action under the Amended TNULB Act will be subject to 'the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (Central Act 7 of 2014)', if the noticees have any right under this Act.

¶8We deem it appropriate to give a closure to the captioned WP by recording the stated position of the learned State counsel. We do so.

¶9Captioned WP stands disposed of as closed recording the stated position of learned State counsel. There shall be no order as to costs. (M.S., J.) (T.V.K., J.)

01.08.2025 cad Page No.5/6

M.SUNDAR, J. and

T.VINOD KUMAR, J. cad To

¶1The Managing Director Salem City Municipal Corporation Salem Corporation Main Office Fort Main Road, Salem

¶2The Commissioner Salem City Municipal Corporation Sankari Main Road Linemedu Gugai Salem 636 006

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.08.2025 CORAM THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE T. VINOD KUMAR 1. V. Kalaivani 2. K. Venkatesan 3. K. Madhesan 4. P. Sakthivel Petitioners vs. 1. The Salem City Municipal Corporation represented by Managing Director Salem Corporation Main Office Fort Main Road, Salem 2. The Commissioner Salem City Municipal Corporation Sankari Main Road Linemedu Gugai Salem 636 006 Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents 1 and 2 to consider the petitioner's representation dated 19.07.2024 and consequently, direct the respondents to remove the obstructions and encroachments made by encroachers in Vaalmeegi Street, Salem 636 001. Page No.1/6 For petitioner Mr. D. Selvam For respondents Mr. T.K. Saravanan for Ms. N. Devi Standing Counsel