WP/42001/2026 of V.CHANDRA AMMAL Vs the Commissioner on 13 October 2026

ORDER

(Order of the Court was made by S.M.Subramaniam, J.) The present writ petition has been instituted challenging the notice issued under Section 128 of Tamil Nadu Urban Local Bodies Act, vide proceedings dated 29.09.2026. The authorities issued impugned notice stating that there is an encroachment in water canal, more specifically, in Survey No.1783 of Thirupathiripuliyur, Cuddalore District.

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2. The learned counsel appearing for the petitioners would submit that notice has been issued asking the petitioners to remove the encroachment from Survey No.1783. Therefore, they have pre- determined the issue. That apart, survey has not been conducted in their presence.

3. The learned Standing Counsel for the Cuddalore Municipality would oppose by stating that on earlier occasion, two writ petitions have been instituted, one by the writ petitioners herein in W.P.No.4073 of 2026. The said writ petition was disposed of on 11.02.2026 directing the authorities to issue prior notice to the petitioners, hear the objections and thereafter initiate action. Yet another writ petition filed by one Mr.Albert Vinod in W.P.No.9019 of 2026 seeking a direction to conduct inspection and survey the rain water drainage canal and remove the encroachments. There was a confusion in respect of survey number during the relevant point of time. However, this Court while passing an order on 11.06.2026 categorically made a finding in paragraphs 2 and 3.

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4. Therefore, the authorities subsequently found that the water canal runs through Survey No.1783 and not in Survey No.1782. Since the canal has been identified, a fresh notice has been issued under Section 128 of the Tamil Nadu Urban Local Bodies Act for removal of encroachment in water canal in Survey No.1783. Due to confusion in the survey number, there was a delay in completing the enforcement action. Survey had already been conducted by the authorities. The show cause notice issued under Section 128 of Tamil Nadu Urban Local Bodies Act per se would not provide a cause for institution of writ proceedings. In spite of seven days, the authorities ought to have granted 15 days to submit representation to the authorities or to remove the encroachment as stated by them in the show cause notice.

5. Section 128(1)(b) of Tamil Nadu Urban Local Bodies Act stipulates that the authorities are empowered to remove any immovable structure, whether permanent or of temporary nature encroaching the land belonging to or vested with the municipality within the municipal limit, after issuing show cause notice for such removal, returnable with a

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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.

6. Section 128(1)(b) of Tamil Nadu Urban Local Bodies Act is unambiguous that the authorities on identification of encroachments in public lands is competent to issue show cause notice granting 15 days time to remove the encroachments. The person received notice, if have any objection, is at liberty to submit his explanations along with the documents, if any, to the authorities before the time limit of 15 days granted for removal of encroachments. On receipt of any such representation within the time limit, the authorities competent is bound to take a final decision and thereafter continue enforcement action and remove the encroachments in the water body or the public lands, as the case may be. However in the present case, on earlier occasion two writ petitions have been filed and this Court also clarified that the water canal is identified in Survey No.1783. Beyond the above facts, the learned counsel appearing for the petitioners as well as the learned Government Advocate (HR&CE) would submit that the subject land vests with the

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temple and the petitioners claim to be the lessees. Whether the lease was extended periodically and in force or not is to be verified by the temple authorities. Admittedly, the writ petitioners are the tenants and that being the factum, they cannot claim any right to ownership or otherwise. The temple has to verify the genuinity of the tenancy and initiate appropriate action to protect the temple properties in the manner contemplated under Hindu Religious and Charitable Endowment Act. As far as the Cuddalore Municipality is concerned, they have already conducted survey and this Court also made a finding in the order dated 11.06.2026 in W.P.No.9019 of 2026 that the water canal runs through Survey No.1783. That being so, the petitioners are at liberty to submit their explanations/representations in response to the impugned show cause notice dated 29.09.2026 within a period of ten days from the date of receipt of a copy of this order. On receipt of any such explanation within the said period, the same may be considered by the respondents and thereafter, they shall proceed with the enforcement action and evict the encroachers in the water body. Water body encroachment at no circumstances be permitted and water canal is to be protected for the benefit of the people in that locality and in public interest. The entire

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exercise is directed to be completed within a period of four weeks from the date of receipt of this order. With these directions, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (R.R.V.,J.) 13-10-2026 Index: Yes Speaking order Neutral Citation: Yes/No cse To

1. The Commissioner, Cuddalore Corporation, Cuddalore.

2. The Tahsildar, Cuddalore Taluk, Cuddalore.

3. The Town Surveyor, Cuddalore.

4. The Executive officer, Padleeswarar Thirukovil, Cuddalore.

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S.M.SUBRAMANIAM, J. AND R.RAJESH VIVEKANANTHAN, J. cse WP.No.42001 of 2026 13-10-2026