
The Madras High Court quashed a Chennai Corporation notice to demolish a temple in Kodungaiyur, accused of encroaching on a road.
A Division Bench led by Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan criticized the notice for assuming guilt without first hearing the temple owner.
The judges pointed out that this violated natural justice principles and ignored earlier court directives on such matters. They noted the Corporation skipped mandatory show-cause procedures under Section 128 of the Tamil Nadu Urban Local Bodies Act.
The court stressed that authorities must give a fair chance to respond before any demolition action. It permitted issuing a fresh, proper notice if needed.
[Jaya v. District Collector]
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