ORDER : M.SUNDAR , J . Subject matter of captioned main 'Writ Petition' ['WP' for the sake of brevity] is property situate in S.No.1008/1A part and 1007/part in Madurantakam Town and Taluk, Chengalpttu District, now in Town Survey No.37, Block 40,Ward-A and can otherwise be described as Door No.23/1, Old Taluk Office Road, Madurantakam Town & Taluk, Chengalpattu District' [hereinafter 'said property' for the sake of brevity]. 2. A 'communication dated 06.03.2025 bearing reference from the sole respondent inter alia calling upon the writ petitioner to remove the alleged encroachment i.e., said property' [hereinafter 'impugned order' for the sake of convenience] has been called in question. 3. Mr.G.Mageshkumar, learned counsel on record for writ petitioner submits that the respondent earlier issued notice dated 10.10.2024 purportedly under Section 128 of 'the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999)' {hereinafter 'TNULB Act' for the sake of brevity}, writ petitioner came to this Court by way of a writ petition in W.P.No.34445 of 2024 inter alia on the ground that the writ petitioner has not been show-caused and this Court disposed of the writ petition in and by an order dated 26.11.2024 directing the 10.10.2024 notice' to be treated as 'show-cause notice' ['SCN' for the sake of brevity], permitting the writ petitioner to send a reply / representation on or before 03.12.2024 and further making it clear that if writ petitioner sends a reply/representation, on or before 03.12.2024, the same shall be considered and orders have to be passed as per proviso to Section 128(1)(b) of TNULB Act, writ petitioner sent a representation dated 02.12.2024 but impugned order has been made without considering the same. 4. Issue notice to sole respondent. 5. Mr.P.Srinivas, learned Standing counsel accepts notice for sole respondent and very fairly submits that the impugned order has been made by sole respondent without considering the writ petitioner's representation dated 02.12.2024 therefore the impugned order may be permitted to be rolled back and the respondent may please be permitted to consider the representation and pass orders afresh inter alia under proviso to Section 128(1)(b) of TNULB Act. This makes the legal drill at hand fairly simple and therefore, the main writ petition is taken up with the consent of learned counsel on both sides in the Admission Board itself. 6. This makes the legal drill at hand fairly simple and therefore, the main writ petition is taken up with the consent of learned counsel on both sides in the Admission Board itself. 6. Before we proceed further it is necessary to give a chronology for ease of reference: SI.No. Date Description Remarks, if any 1 10.10.2024 Notice from the respondent purportedly under Section 128 of TNULB Act 2 21.11.2024 Writ petitioner claims to have sent a representation in response to 10.10.2024 notice Copy not available in the case file 3 26.11.2024 Order of this Court in W.P.No.34445 of 2024 Inter alia directing afore-referred 10.10.2024 notice to be treated as SCN, permitting the writ petitioner to send a representation on or before 03.12.2024 and directing the respondent to pass orders in accordance with proviso to Section 128 (1)(b) of TNULB Act 4 02.12.2024 Pursuant to writ petition order, writ petitioner has sent a representation in response to 10.10.2024 notice which is now being treated as SCN This 02.12.2024 representation has been handed over in person in the office of respondent on the same day and acknowledgment shows that it has been received by office of respondent on 02.12.2024 itself 7. Before proceeding further this Court deems it appropriate to set out Section 128 of TNULB Act as obtaining today; '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, public place, water body, tank, other water resources or any land belonging to or vested with the municipality with the municipal limit; (b) remove any immovable structure whether permanent or of temporary nature encroaching street, public place, water body, tank, other water resources or any land belonging to municipality or vested with the municipality within the municipal limit, after issuing a show cause notice for such removal, returnable within a period of fifteen days from the date of receipt thereof: Provided that the Commissioner shall consider any representation received within the time limit, before passing final orders. (2) Whoever makes any encroachment in any land or space (not being private property) in any public street, water body, tank, other water resources or any land belonging to or vested with the municipality within the municipal limit, shall, on conviction, be punished with imprisonment which shall not be less than one year but which may extend to three years and with fine which may extend to [fifty thousand rupees]: Provided that the Court may, for any adequate or special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one year.' 8. One other aspect of the matter which has to be set out is, Mr.G.Mageshkumar, learned counsel on record for writ petitioner, on instructions, very fairly submits that the writ petitioner does not press his representation dated 21.11.2024 as the same is not before this Court. Learned counsel also adverts to 02.12.2024 representation, more particularly the paragraph above the penultimate paragraph, which specifically requests the respondent to consider the 02.12.2024 representation and submits that this part of 02.12.2024 representation is given up. 8. This Court also deems it appropriate to extract and reproduce 02.12.2024 representation as placed before us, which is as follows: 9. To be noted, the underlined paragraph which is paragraph preceding the penultimate paragraph is now given up by writ petitioner. 10. In the light of the narrative and discussion thus far, it is clear that as regards Section 128 of TNULB legal drill, a noticee has to be show- caused and if any representation is received within the show-cause period, the same has to be considered and an order has to be made by the respondent under proviso to Section 128(1)(b) of TNULB Act. Therefore, the following order is made: (i) impugned order dated 06.03.2025 bearing reference e/f/vz;/61-2024/vg;1 is set aside; (ii) impugned order is set aside solely on the ground that it has not considered writ petitioner's representation dated 02.12.2024. To put it differently, this Court has not expressed any view or opinion on the merits of the matter i.e., alleged encroachment one way or the other; (iii) The respondent shall now consider 02.12.2024 representation sans paragraph preceding penultimate paragraph and pass order afresh after considering this representation i.e., pass orders in accordance with proviso to Section 128(1)(b) of TNULB Act. For the sake of abundant specificity, we clarify that the respondent need not consider 21.11.2024 representation of writ petitioner irrespective of whether the same has been received by the respondent or not; (iv) The order passed by the respondent in the aforesaid manner shall be communicated to the writ petitioner within five working days under due acknowledgment; (v) If the order passed in the aforesaid manner is adverse to the writ petitioner, it is open to the writ petitioner to assail the same and all rights of writ petitioner in this regard are left open; (vi) Respondent shall consider the representation of writ petitioner dated 02.12.2024 on its own merits and in accordance with law untrammeled by any observation, which have been made either in this order or in the earlier order dated 26.11.2024 in W.P.No.34445 of 2024 and WMP thereat. Captioned main WP disposed of in the aforesaid manner. As the impugned order has been set side, captioned WMP has become otiose and therefore, the same is closed. There shall be no order as to costs.