WP/42864/2026 of G.BASKAR Vs The Commissioner on 27 October 2026

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The present writ petition has been instituted challenging the notice dated 21.09.2026 issued under Section 128(1) of the Tamil Nadu Urban Local Bodies Act, 1998.

2. Learned Senior Counsel appearing on behalf of the petitioner would mainly contend that petitioner has not encroached upon the public land. That apart, impugned notice has been issued without affording opportunity to petitioner. Thus, notice is liable to be set aside.

3. Section 128(1)(b) of the Tamil Nadu Urban Local Bodies Act, 1998 states that, “Section 128. Power to remove encroachment from public place

(1) The Commissioner may,—

(b) remove any immovable structure whether permanent or of temporary nature encroaching

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2026:MHC:4355 WP No. 42864 of 2026

the street, public place, water body, tank, other water resources or any land belonging to or vested with the municipality within the municipal limit, after issuing a show cause notice for such removal, returnable with a period of fifteen days from the date of receipt thereof : Provided that the Commissioner shall consider any representation received within the time limit, before passing final orders.”

4. Learned Additional Government Pleader would submit that survey in the presence of parties to the writ petition in W.P. No. 32924 of 2026 was conducted by the authorities on 31.08.2026, and encroachments have been identified by the competent authorities. Thus, notice came to be issued.

5. Learned Senior Counsel appearing on behalf of the petitioner would submit that petitioner was not a party to the proceeding. Even in that case, the representation submitted by the petitioner is to be considered for taking final decision.

6. Petitioner has submitted his representation to the Commissioner, Tambaram Corporation on 01.10.2026. That being the factum, the present writ petition is not maintainable. Section 128(1)(b) of

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the Act stipulates that the competent authorities on identification of encroachment are empowered to issue notice. In the event of submitting any representation the competent authority is bound to look into the same and pass final orders and thereafter continue the enforcement action. This being the scope of Section 128(1)(B) of the Act, present notice issued is in consonance with the provisions of the Act. However, in the present case the petitioner has already submitted his representation on 01.10.2026. Therefore, Commissioner, Tambaram Municipal Corporation has to look into the same and pass final orders and thereafter proceed with the enforcement action in respect of the encroachments identified as contemplated under the relevant statues and rules in force.

7. With these observations the present revision stands dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (R.R.V.,J.) 27-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD

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2026:MHC:4355 WP No. 42864 of 2026

To

1. The Commissioner Tambaram city Municipal corporation 28, Muthurengam street West Tambaram chennai-600 045

2. The Tahsildar Tambaram Taluk Chitlapakkam West Tambaram chennai-600 045

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S.M.SUBRAMANIAM, J. AND R.RAJESH VIVEKANANTHAN, J. GD WP No. 42864 of 2026 27-10-2026

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