WP/41084/2026 of THENMOZHI Vs THE DISTRICT COLLECTOR on 7 October 2026

Order

(Order of the Court was made by S.M.Subramaniam J.) This Writ of Mandamus 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. A writ petition under W.P.No.27946 of 2024 was filed for removal of encroachments and the High Court passed an order on 30.07.2026 for initiation of action. In pursuance to the order, action was commenced by the authorities by issuing a show cause notice under Section 128(1)(b) of the Act.

3. Learned counsel for the petitioner would submit that the petitioner is not a party in the earlier writ proceedings and therefore no opportunity was given to him to defend his case. However, the fact remains that based on the High Court order, the authorities have not removed the encroachment or unauthorised construction, they have commenced enforcement action by issuing show cause notice as contemplated under the provisions of the Tamil

WP No. 41084 of 2026

Nadu Urban Local Bodies Act and therefore, non-impleading of the writ petitioner in the earlier writ petition has not caused any prejudice to his interest.

4. However, Section 128(1)(b) contemplates that a show cause notice to be issued granting 15 days time. In the present show cause notice the authority has granted only 7 days, which is not in accordance with the timeline granted under Section 128. It is pertinent to note that after the impugned show cause notice dated 17.09.2026 was issued, a reminder show cause notice was also issued to the petitioner as contemplated under Section 128(1)

(b) of the Act. However, this Court is inclined to grant another 7 days to the petitioner to submit his explanation.

5. Accordingly, on receipt of explanation, if any, from the writ petitioner, the same is to be considered by the competent authority and final order has to be passed under proviso to Section 128(1)(b) of the Act. If the authorities have identified the encroachment, enforcement action shall be initiated for removal of encroachment. This being the scheme under the Act, the petitioner is at liberty to submit his explanation along with the documents, if any, within a period of 7 days from the date of receipt of a copy of this order.

WP No. 41084 of 2026

6. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (R.R.V.,J.) 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST To

1. The District Collector Ranipet District, Ranipet.

2. The Reginal Director of Municipal Administration, Vellore Region, Sathuvachari, Vellore.

3. The Tahsildar Arakkonam, Ranipet District,

4. The Commissioner Arakkonam Municipality, Ranipet District,

WP No. 41084 of 2026

S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. KST WP No. 41084 of 2026 AND WMP NO. 46108 OF 2026 07-10-2026