WP/12830/2026 of President of Nagore Dargah Vs The District Collector on 14 October 2026

ORDER

(Order of the Court was made by S.M.Subramaniam, J.) Writ of Mandamus has been instituted to direct the respondents to consider and dispose of the petitioner’s representations dated 29.09.2025, 06.12.2025, and 17.03.2026 seeking to remove all unauthorised shops, Push Cart shops vendors, and encroachments in and around the Alangara Entrance, Minaret of the Nagore Dargah within a time frame.

2. The learned counsel appearing for the petitioner would submit that enforcement actions have been initiated by the competent authority, namely, Commissioner, Nagapattinam Municipality. Show cause notice has been issued to the encroachers under Section 128 of the Tamil Nadu Urban Local Bodies Act. In the event of failure on the part of the

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encroachers to remove the encroachments, the authorities will initiate all further actions to remove the encroachments and ensure that the Street is maintained free from encroachments.

3. The learned counsel appearing on behalf of the Traders in that locality would submit that they are carrying on trading activities for several years nearby Nagore Dargah. Therefore, vending zones are to be created for their benefit and to protect their livelihood. That apart, no opportunity was given to the alleged encroachers to defend their case.

4. In respect of the contention regarding the opportunity to be given to the encroachers, Section 128(1)(b) of the Tamil Nadu Urban Local Bodies Act stipulates that the Commissioner may remove any immovable structure, whether permanent or of temporary nature encroaching the public place or the land belonging to or vested with the municipality within the municipal limit, after issuing show cause notice for such removal, returnable with a period of 15 days from the date of receipt thereof, provided that the Commissioner shall consider any representation received within the time limit passing final orders.

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5. The provision in unambiguous terms reiterates that on identification of encroachments, the Commissioner of Municipality is empowered to issue a show cause notice granting 15 days time to the encroachers to remove the encroachments voluntarily, failing which, the authorities will remove on completion of 15 days granted for removal. If any representation is received from the encroachers, then such representation is to be considered by the Commissioner and a final decision is to be taken and thereafter, the encroachments identified are to be removed. This being the scheme under the Act, the aggrieved encroachers, if any, is at liberty to submit their representations to the Commissioner within a period of ten days from the date of receipt of a copy of this order since 15 days time granted by the Commissioner had already expired. In the event of receiving any such representations from the encroachers, such representations may be considered and a final decision shall be taken by the Commissioner and thereafter, encroachments identified is directed to be removed without any further delay. In the event of an administrative decision to re-locate the vendors, then the Municipality has to identify the suitable place for

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vending and the encroachers may be re-located in the manner known to law.

6. With these directions, the Writ Petition stands disposed of. No costs. (S.M.S.,J.) (R.R.V.,J.) 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No cse

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To

1. The District Collector, Collectorate, Nagapattinam - 611 003.

2. The Commissioner, Nagapattinam Municipality, Collectorate, Nagapattinam - 611 003.

3. The Managing Trustee. Nagore Dargah Office, Nagore Dargah, Nagore - 611 002, Nagapattinam District.

4. The Manager, Nagore Dargah Office, Nagore Dargah, Nagore - 611 002 Nagapattinam District.

5. The Superintendent of Police, Nagapattinam District, Nagapattinam.

6. The Inspector of Police, Nagore Police Station, Nagapattinam District.

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S.M.SUBRAMANIAM, J. AND R.RAJESH VIVEKANANTHAN, J. cse WP.No.12830 of 2026 14-10-2026