Madras High Court

WP/39930/2026 of R.Thirunavukarasu Vs THE COMMISSIONER on 8 October 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-10-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN

Writ Petition No. 39930 of 2026

and WMP Nos. 44876 and 45586 of 2026

CNR:{HCMA011826842026}

R.Thirunavukarasu

S/o. Rasu,

..Petitioner

Vs

1. The Commissioner

Avadi Corporation,

N.M.road, Avadi, Chennai – 600 054.

2. The Assistant Engineer (Planning)

Ward No. 28, Zone No.2,

Thirumullaivoyil, Avadi Corporation,

N.M.road, Avadi, Chennai – 600 054.

..Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, to call for the records of the Respondent relating to the impugned notice Na.Ka.No. 7223/ 2026/ F1 dated 13.05.2026

quashing the same.

For Petitioner :

Ms.R. Revathy

For Respondents :

Mr.RA.Gopinath

Standing Counsel

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ORDER

(Order of the Court was made by S.M.Subramaniam J.) The present writ petition has been instituted challenging the show cause notice issued under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998 [hereinafter referred to as ‘the Act’] dated 1305.2026.

2. The authorities during the course of inspection, identified encroachment in a water body viz., Arafat lake. Since the encroachments are identified in a water body, enforcement actions have been initiated for removal of encroachment and consequently, show cause notice has been issued under Section 128 of the Act.

3. No writ against a show cause notice is maintainable unless such notice is 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 an explanation. On receipt of any explanation, the competent authority shall consider the same, take a decision and continue enforcement action for removal of encroachments in the water bodies.

With these observations, this writ petition stands dismissed. No costs. .lbnmConnected miscellaneous petitions are closed. (S.M.S.,J.) (R.R.V.,J.) 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No mp To

1. The Commissioner Avadi Corporation, N.M.road, Avadi, Chennai – 600 054.

2. The Assistant Engineer (Planning) ward No. 28, Zone No.2, Thirumullaivoyil, Avadi Corporation, N.M.road, Avadi, Chennai – 600 054.

S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. mp WP No. 39930 of 2026 08-10-2026

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