Madras High Court

WP/40712/2026 of JIGNA KAPASI Vs THE COMMISSIONER on 8 October 2026

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WP No. 40712 of 2026

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. 40712 of 2026

and

WMP No. 45674 of 2026

CNR:{HCMA012341962026}

Jigna Kapasi

W/o.Umang M.Kapasi,

..Petitioner

Vs

1. The Commissioner

Coimbatore City Municipal Corporation,

Coimbatore.

2. The Assistant Commissioner

West Zone, Coimbatore City Municipal

Corporation, Coimbatore.

..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 relating to the impugned proceedings in S.R.No.40/2026/H1(W) dated 27.08.2026, issued by the 2nd respondent under sections 128(1)(b) and 128(2) of the Tamil Nadu Urban Local Bodies act, 1998, quash the same as illegal and incompetent.

For Petitioner :

Mr.M.Venkatesh

For Respondents :

Mr.N.Velmurugan

Standing Counsel

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WP No. 40712 of 2026

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ORDER

(Order of the Court was made by S.M.Subramaniam J.) The writ on hand has been instituted challenging the show cause notice issued under Section 128(1)(b) of the Tamil Nadu Urban Local Bodies Act, 1998 [hereinafter referred to as ‘the Act’].

2. The learned counsel for the petitioner would submit that no opportunity has been given to the petitioner to submit his representation. Section 128(1)(b) of the Act is unambiguous regarding the procedures to be followed for eviction of encroachments. On issuance of 15 days notice and upon expiration of the said period, the competent authority is empower to remove the encroachment. Within the said 15 days, the petitioner, who received show cause notice, is expected to file his explanation, if any.

3. In the event of filing any such representation/explanation, the authorities competent has to consider the same and pass final orders and thereafter, proceed with the enforcement action for removal of encroachment.

4. In view of the said position, the petitioner is at liberty to submit his explanation/defend statements, if any along with the documents within a period of 10 days from today.

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WP No. 40712 of 2026

5. In the event of receiving any explanation, the same shall be considered by the competent authority and thereafter, a final order is to be passed as per the proviso to Section 128(1)(b) of the Act. If encroachments are confirmed, then the enforcement action are to be completed by following all further procedures. With these observations, this writ petition stands disposed of. No costs. Connected miscellaneous petition is 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, Coimbatore City Municipal Corporation, Coimbatore.

2. The Assistant Commissioner West Zone, Coimbatore City Municipal Corporation, Coimbatore.

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WP No. 40712 of 2026

S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. mp WP No. 40712 of 2026 08-10-2026

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WP No. 40712 of 2026

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