Thirumalai v. The Commissioner

O R D E R [Made by S.M.SUBRAMANIAM, J.,] The notice issued under Section 128(1)(b) of The Tamil Nadu Urban Local Bodies Act, 1998 (Act 9 of 1999) [hereinafter "TNULB Act" for the sake of convenience and clarity] dated 19.01.2026 is under challenge in the present writ petition.

¶2The learned counsel for the petitioner would submit that the petitioner is not an encroacher but submitted his representation in response to the impugned notice dated 19.01.2026. Page Nos.3/5

¶3The learned Standing Counsel for the respondents 1 to 4 would submit that procedures as contemplated under Section 128 of the TNULB Act are being scrupulously followed by affording opportunity to the encroachers.

¶4In the present case, the petitioner has already submitted his representation, which is to be considered by the competent authority and thereafter a final decision is to be taken. If any encroachments are identified, the same shall be removed by following procedures as contemplated under the provisions of the TNULB Act. The authorities, after taking a final decision, shall proceed with the enforcement actions for removal of encroachment.

¶5In view of the fact that the petitioner has not established any legal right and more so, no writ against the show cause notice is entertainable, the Writ Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs. (S.M.S.,J.) (K.S.,J.)

25.03.2026 Index : Yes Speaking order mk Page Nos.4/5 To

¶1The Commissioner Greater Chennai Corporation Rippon Building, Park Town Chennai-600 003.

¶2The Regional Deputy Commissioner (Central) D.No.36B, 2nd Cross Street, Pulla Avenue Zone VIII, Shenoy Nagar Greater Chennai Corporation Chennai-600 030.

¶3The Executive Engineer Zone VI, Thiruvika Office Greater Chennai Corporation Ayanavaram, Chennai-600 023.

¶4The Assistant Executive Engineer Zone VI, Thiruvika Office Greater Chennai Corporation Ayanavaram, Chennai-600 023. Page Nos.5/5 S. M. SUBRAMANIAM, J., and K. SURENDER, J., mk

25.03.2026

2026:MHC:1234 Page Nos.1/5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.03.2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER and W.M.P.Nos.12317 and 12319 of 2026 Thirumalai ... Petitioner vs. 1. The Commissioner Greater Chennai Corporation Rippon Building, Park Town Chennai-600 003. 2. The Regional Deputy Commissioner (Central) D.No.36B, 2nd Cross Street, Pulla Avenue Zone VIII, Shenoy Nagar Greater Chennai Corporation Chennai-600 030. 3. The Executive Engineer Zone VI, Thiruvika Office Greater Chennai Corporation Ayanavaram, Chennai-600 023. 4. The Assistant Executive Engineer Zone VI, Thiruvika Office Greater Chennai Corporation Ayanavaram, Chennai-600 023. Page Nos.2/5 5. Narendra Kumar … Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, to call for the records of the impugned order passed by the 4th respondent No.Zone-VIII/Enc/Dn95/01/2026 dated 19.01.2026 and quash the same and direct the respondents to provide rehabilitation, alternative accommodation or just compensation before any eviction. For Petitioner : Ms.S.Prathibaa For Respondents : Ms.Aswini Devi .K Standing Counsel for R1 to R4 *****