G.BASKAR vs The Commissioner

2026:MHC:4355
WP No. 42864 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-10-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP No. 42864 of 2026
CNR: {HCMA012492862026}
G.Baskar
..Petitioner(s)
Vs
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
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of
India issuing writ of certiorarified mandamus calling for the entire records
relating to notice under section 128(1) dated 21.9.2026 of the T.N.Urban
Local Bodies Act 1998(Amendment Act 2022) in
Na.Ka.No.6212/2026/F1/M5 issued by 1st respondent and quash the
same and consequently direct the respondents 1 and 2 their officials,
men agents, servants or anybody acting under them not to interfere with
the petitioners peaceful possession and enjoyment of property bearing
Old S.No.419/4 New S.No.781/10 bearing Door No.4, Vinayagar koil 2nd
street, Madambakkam, Padhuvencheri chennai-600 126 Madambakkam
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2026:MHC:4355
WP No. 42864 of 2026
village, Tambaram Taluk Kancheepuram District to an extent of 118
sq.mts as per patta No.54.
For Petitioner(s): Mr. J.Ravindran, Sr.Advocate For
Ms.M.Sneha
For Respondent(s): Mr.B.Sivakollappan
Additional Government Pleader For R -1
Mr.P.Srinivas For R -2
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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2026:MHC:4355
WP No. 42864 of 2026
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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2026:MHC:4355
WP No. 42864 of 2026
S.M.SUBRAMANIAM, J.
AND
R.RAJESH VIVEKANANTHAN, J.
GD
WP No. 42864 of 2026
27-10-2026
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