N.SUBRAMANIAN vs THE COMMISSIONER

WP.No.43300 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-10-2026
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP.No.43300 of 2026
CNR:{HCMA012547072026}
and
WMP.No.48610 of 2026
N.Subramanian
..Petitioner
Vs
The Commissioner
Namakkal Corporation
Namakkal District.
..Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
for issuance of Writ of Certiorari, to call for the records leading to
impugned notice in Na.Ka.No.5548/2022/AF1 dated 10.06.2026 issued
by the respondent under Section 128 of the Tamil Nadu Urban Local
Bodies Act, 1998 and quash the same.
For Petitioner: Mr.C.Jagadish
For Respondent: Mr.M.Rajamathivanan
Standing Counsel
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WP.No.43300 of 2026
ORDER
(Order of the Court was made by S.M.Subramaniam, J.)
The Writ on hand has been instituted challenging the show cause
notice issued by the Commissioner, Namakkal Municipality under
Section 128 of the Tamil Nadu Urban Local Bodies Act (hereinafter
referred to as “the Act”). The competent authorities of the Municipality
during inspection identified encroachments and issued a show cause
notice under Section 128 of the Act for removal of encroachment.
2.The learned counsel appearing for the petitioner would mainly
contend that the subject portion of the land is a Patta land belongs to the
petitioner, therefore, the impugned notice is to be set aside. The
petitioner issued a legal notice through his counsel and instituted a civil
suit in O.S.No.448 of 2022. The Sub Court, Namakkal dismissed the
suit on the ground that it is not maintainable in view of Section 14 of the
Tamil Nadu Land Encroachment Act, 1905. In respect of Government
poramboke land, water bodies, maikkal poramboke, nilaviyal pathai, etc.,
suit is not maintainable. Since the suit was dismissed and the petitioner
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WP.No.43300 of 2026
claims that it is a Patta land, he has chosen to file the present writ
petition.
3.The learned Standing Counsel for Municipality would oppose by
stating that the authorities after verifying the revenue records identified
encroachment in the immovable property belongs to the Municipality and
initiated enforcement action by following the procedures as
contemplated under the Act, thus the writ petition is to be rejected.
4.Let us consider the scope of Section 128 of the Tamil Nadu
Urban Local Bodies Act. Sub-section (1)(b) to Section 128 stipulates
that the Commissioner may remove any immovable structure whether
permanent or of temporary nature encroaching the street or public place
or the 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. Therefore, the
competent authority of the Local Bodies on identification of public lands
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WP.No.43300 of 2026
have to issue a show cause notice calling upon the encroacher to
remove the encroachments by himself within a period of fifteen days,
failing which, the authorities will remove the encroachments. If any
representation has been received from any such encroacher, then the
authorities bound to consider the representation and take a final decision
and thereafter, remove the encroachments.
5.In the context of the scope as contemplated under Section 128 of
the Act, in the present case the show cause notice indicates that there is
an encroachment identified in Survey No.23/17 which is classified as
Government poramboke road. Against the show cause notice, no suit
would lie and consequently, the legal notice issued is also unnecessary.
The person who received such show cause notice is expected to submit
his representation if he claims any right over the immovable property. In
the present case, the petitioner claim right over the property and
therefore, he is at liberty to submit his representation along with the
documents, if any, to the respondent within a period of ten days from the
date of receipt of a copy of this order. On receipt of any such
explanation/representation from the petitioner, the respondent shall
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WP.No.43300 of 2026
consider the same and thereafter, take a final decision regarding
encroachment and proceed with the enforcement action for removal of
encroachments identified and resume the municipal property for public
use.
6.With these observations, the Writ Petition stands dismissed. No
costs.
(S.M.S.,J.) (R.R.V.,J.)
26-10-2026
Index: Yes
Speaking order
Neutral Citation: Yes/No
cse
To
The Commissioner,
Namakkal Corporation,
Namakkal District.
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WP.No.43300 of 2026
S.M.SUBRAMANIAM, J.
AND
R.RAJESH VIVEKANANTHAN, J.
cse
WP.No.43300 of 2026
26-10-2026
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