WP/9371/2026 of Anil chauhan Vs Greater Chennai Corporation on 27 October 2026

O R D E R

(Order of the Court was made by S.M.Subramaniam,J.) The present Writ Petition has been instituted, challenging notices issued by Regional Deputy Commissioner (North), Chennai under Section 136 of the Tamil Nadu urban Local Bodies Act, 1998 (in short 'Act, 1998').

2. Section 136 of the Act, 1998 provides power to Municipal Commissioner to order removal or demolition of dangerous buildings, trees, etc. Sub-Section 1 of Section 136 of the Act, 1998 states that where it appears to the Commissioner at any time that any building is in a ruinous condition or is in any way dangerous or unfit for human habitation or over crowding in a building, the Commissioner may, by an order in writing, require the owner or the occupier of such building to vacate, demolish, remove such building within the time limit specified in the said order. Sub-Section 2 of Section 136 of the Act, 1998 states that

where it appears to the Commissioner at any time that any tree is in a ruinous condition or is in any way dangerous condition in any area of a municipality, he may by order in writing remove the tree forthwith.

3. As per Sub-Section 2 of Section 136 of the Act, 1998, satisfaction of the Commissioner would be sufficient to remove any tree, if it is in a ruinous condition or is in any way dangerous condition in any area of a municipality. To be precise, if the Commissioner is satisfied that the tree is in a ruinous condition and posing life threat to anyone, he may by order in writing remove the tree forthwith.

4. In the present case, notice issued under Section 136 of the Act, 1998 is under challenge. In pursuance of the interim order of this Court, report of an Engineer was obtained, in which it is stated that tree is in dangerous position and must be removed. As per the opinion of Engineer, pipal tree should be removed at the earliest.

5. That being the factum, pipal tree, which is posing threat and is in ruinous condition, is to be removed immediately by owners / occupiers in the presence of Corporation Officials. In this regard, concerned Chennai Corporation Authorities are directed to fix a date and time and inform owners / occupiers of the building for removal of tree

S.M.SUBRAMANIAM,J. AND R.RAJESH VIVEKANANTHAN,J. AR within a reasonable time. In the event of failure on the part of owners / occupiers of building in removing the tree within the time stipulated by Corporation Officials, tree shall be removed by Corporation Authorities immediately thereafter and costs incurred for removal of tree shall be recovered from owners / occupiers of the building under Sub-Section 4 to Section 136 of the Act, 1998. The entire exercise is directed to be completed within a period of four weeks from the date of receipt of a copy of this order. With the above directions, the present Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. (S.M.S.,J.) (R.R.V.,J.) 27-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AR To:

1. The Commissioner, Greater Chennai Corporation Rippon building, Poonamalle High Road, Chennai - 600 003.

2. Regional Deputy Commissioner (North) Zone -5, Roypauram, No.62, Basin Bridge Road, Old Washermantpet, Chennai - 600 021.