Madras High Court
WP/37108/2026 of P.SHANKAR Vs THE COMMISSIONER on 29 September 2026
WP No. 37108 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-09-2026
CORAM
THE HON'BLE DR JUSTICE G. JAYACHANDRAN
AND
THE HON'BLE MR.JUSTICE E.MANOHARAN
WP No. 37108 of 2026
CNR:{HCMA011799012026}
and
W.M.P.Nos. 41658 & 41660 of 2026
P.Shankar
S/o.Pandurangan,
No.6, Manikandapuram 5th Left Street,
Thirumullaivoyil,
Chennai- 600 062.
..Petitioner
Vs
1. The Commissioner
Chennai-054.
2. The Assistant Engineer (Planning)
Ward No.28, Zone No.2,
Thirumullaivoyil, Avadi Corporation,
N.M.Road, Avadi, Chennai- 054.
..Respondents
Prayer:-
Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the 2nd Respondent relating to the impugned notice Na.Ka. No.7223/2026/F1 dated 13.05.2026, quashing the same.
For Petitioner:
Ms.Lakshmi Narasimman for
Ms.R.Revathy
For Respondents:
Mr.R.A.Gopinath
Standing Counsel
WP No. 37108 of 2026
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ORDER
(Order of the Court was made by Dr.G.Jayachandran J.) The petitioner herein, being aggrieved by the notice issued by the Assistant Engineer (Planning), Avadi Corporation, under Section 128 of the Tamil Nadu Urban Local Bodies Act, is before this Court seeking to quash the same.
2. The petitioner challenges the notice on the ground that they have been residing in the said property along with their family for the past 20 years and that the property has been assessed to tax by the erstwhile Avadi Municipality, which is now Avadi Corporation. While so, the impugned notice has been issued as if the land in the occupation of the petitioner is a waterbody, thereby rendering the occupation illegal. Terming the impugned notice as a violation of natural justice principle, the present writ petition has been filed.
3. The learned Standing Counsel appearing for the respondents submitted that the impugned notice is only a show-cause notice calling upon the petitioner to produce documents relating to title, encumbrance and patta, if any. He further submitted that the subject property falls under Survey No.567, which is classified as a waterbody and the petitioner is liable to be evicted if they do not possess a proper and valid title.
WP No. 37108 of 2026
4. Apparently, the notice impugned is only a show-cause notice calling upon the petitioner to produce documents to show their right to occupy the land in the said survey number, which is classified as a waterbody. We find no violation of the natural justice principle.
5. Mere long possession of a waterbody will not confer any right upon the petitioner herein to claim protection. Hence, this Writ Petition stands dismissed. However, it is open to the petitioner to respond to the show-cause notice by producing all the necessary documents called for. Consequently, the connected W.M.Ps are closed. No costs. (Dr.G.J.,J.) (E.M.,J.) 29-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rpl To
1. The Commissioner
Chennai-054.
2. The Assistant Engineer (Planning) Ward No.28, Zone No.2, Thirumullaivoyil,
Chennai- 054.
WP No. 37108 of 2026
DR.G.JAYACHANDRAN J. and E.MANOHARAN J. rpl WP No. 37108 of 2026 and WMP NO. 41658 & 41660 of 2026 29-09-2026