WP/40920/2026 of OASIS HOMESTAY Vs THE COMMISSIONER on 7 October 2026

Common Order

(Order of the Court was made by S.M.Subramaniam J.) The present writ petitions have been instituted challenging the show cause notices issued under Section 145 of the Tamil Nadu Urban Local Bodies Act, 1998 (Amended in 2002). The competent authorities of the Municipality, during the inspection, identified construction of non-residential buildings / illegal usage of buildings and consequently issued show cause notices seeking explanations from the writ petitioners.

2. No writ against a show cause notice is maintainable under Article 226 of the Constitution of India unless such show cause notice has been issued by an incompetent authority having no jurisdiction or tainted with allegation of malafides. The person receiving the show cause notice is expected to respond to the notice by submitting his written explanation along with the documents, if any. At the show cause notice stage, the high court cannot adjudicate the disputed facts relating to illegal usage of building or construction of non-residential building, unauthorised construction etc., These allegations are to be established by conducting inspection in the manner contemplated under law by the competent authorities. Therefore, entertaining a writ petition against the show cause notice is unnecessary and would cause prejudice to the enforcement authorities to enforce the law.

3. Mr.M.Purushothaman, learned counsel for the writ petitioners would contend that the impugned show cause notices are bereft of details. It does not contain the portion of unauthorised construction or illegal usage. In the absence of details, the impugned show cause notices are bad in law.

4. The arguments advanced by the learned counsel are neither candid nor convincing. In the event of furnishing all the details in a show cause notice, writ petitions will be filed by stating that the authorities have pre- determined the issue and on that ground it has to be quashed. If a show cause notice is issued calling explanation / details regarding the allegation of unauthorised building, then also they raise an objection that no details are available. It is not about giving details. On prima facie assessment or information, show cause notices have been issued and on receipt of building plan approval documents, licence etc., from the noticee, the authorities will be

in a position to consider the issues on merits. What is required is to submit all relevant documents to prove the legality of the construction or usage of the building by the owner / occupier. Therefore, the contention that all details must be provided in the show cause notice is unacceptable.

5. The subject properties fall within the territorial jurisdiction of Valparai Municipality, which is a hill station. Building constructions in hilly areas are regulated under Chapter X-A of the Tamil Nadu District Municipalities (Amendment) Act, 1992 (Tamil Nadu Act 48 of 1992). Section 217-A will apply exclusively to hill stations and the scheme under the said provision prohibits construction or re-construction of buildings etc., without licence under Section 217-B of the Act. Section 217-C speaks about application for licence. Section 217-D is for grant of licence. Section 217-O relates the chapter to override other laws.

6. Part II of the Tamil Nadu Urban Local Bodies Act, 1998 also provides building regulation in hill stations. The present impugned notices have been issued under Section 145 of the Tamil Nadu Urban Local Bodies Act, 1995, which provides the power to the authorities to stop work. Rule 26 of the Tamil Nadu Combined Development and Building Rules 2019 denotes applicability of other rules. Sub-rule (1) to Rule 26 states that, “Considering the ecological sensitiveness and need for conservation of the notified hill stations, the Tamil Nadu Hilly Areas Special Building Rules, 1981 and Tamil Nadu District Municipalities (Hill Stations) Building Rules, 1993 shall be in force.”

7. Therefore, the authorities are bound to grant permission by following the procedures contemplated under Chapter X-A of the District Municipalities Act, which exclusively deals with hill stations and also the building regulations in hill stations as contemplated under the Tamil Nadu Urban Local Bodies Act. The authorities have to comply the laws to regulate the buildings in hill stations in order to protect the ecology in hill stations.

8. In the present case, writ petitions have been filed challenging the show cause notices, which are not maintainable. Learned Standing Counsel appearing for the respondent Municipality would submit that on receipt of explanation, the authorities will conduct field inspection and ascertain the unauthorised construction, illegal usage of the building by the owners / occupants and only thereafter proceed with enforcement actions as contemplated under the relevant Statutes and Rules in force.

9. In view of the above position, the writ petitioners are at liberty to submit their respective explanations along with the documents if any to the respondent Municipality within a period of seven (7) days from the date of receipt of a copy of this order. On receipt of such explanation, the respondent authority shall look into the same and thereafter take a decision to deal with the illegalities / irregularities in building construction in that locality in the manner known to law.

10. With the above observations, the writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S.,J.) (R.R.V.,J.) 07-10-2026 Index: Yes Speaking order Neutral Citation: Yes KST To The Commissioner Valparai Municipality Coimbatore District.

S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. KST WP Nos. 40920, 40931, 40938, 40946, 40951 and 40952 of 2026 07-10-2026