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A.Vasanthi v. The District Collector

Madras HC10 Dec 2025WP/26127/2023

Case brief

AI extract

What is this about?

Tamil Nadu municipal encroachment enforcement case: writ of mandamus compelling District Collector (Namakkal) and Kumarapalayam Municipality Commissioner to act against illegal/unauthorized construction by third respondent (Matheswaran) on Municipality land at Survey No.164, Block 9, Ward B, Kambar Street. Key terms: Section 128 Urban Local Bodies Act 1998 show cause notice; encroachment survey; patta ownership claim; hearing to petitioner before removal decision; twelve-week compliance deadline; disposed without costs; connected W.M.P.No.25520 of 2023 closed.

What did the court decide?

With the above directions (completion of enforcement after hearing the petitioner and examining encroachers' documents, within twelve weeks), the Writ Petition stands disposed of; no costs awarded; connected Miscellaneous Petition (W.M.P.No.25520 of 2023) closed.

A.Vasanthi Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondents 1 and 2 (District Collector, Namakkal and Municipality Commissioner, Kumarapalayam) should take action against the 3rd respondent for the illegal construction put up by him in the encroached land at Survey No.164, Block 9, Ward B, Kambar Street belonging to the 2nd respondent Municipality. +1 more

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Court's answer

Enforcement action is to be completed after affording an opportunity of hearing to the petitioner, and documents filed by encroachers are to be looked into, before taking a final decision for removal of unauthorized constructions / encroachments.

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Ratio / Principle

The said enforcement exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of the order.

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Detailed headnote1 paragraphs

Madras High Court, W.P.No.26127 of 2023 (A. Vasanthi v. District Collector, Namakkal District; Municipality Commissioner, Kumarapalayam Municipality; Matheswaran), decided 10.12.2025 by Justice S.M. Subramaniam (author) with Justice C. Kumarappan. Writ of Mandamus under Article 226 seeking action against the 3rd respondent's illegal construction on encroached Municipality land at Survey No.164, Block 9, Ward B, Kambar Street, Kumarapalayam. The Municipal Commissioner reported that a notice under the old Act and thereafter a revised show cause notice under Section 128 of the Urban Local Bodies Act, 1998 were issued to encroachers, and a survey identified the encroachments. The Court held that enforcement must be completed only after affording the petitioner an opportunity of hearing and examining documents filed by encroachers, and directed completion within twelve weeks of receipt of a copy of the order. Writ disposed of without costs; connected miscellaneous petition closed.

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W.P.No.26127 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.12.2025

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C O R A M

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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W.P.No.26127 of 2023 and W.M.P.No.25520 of 2023

A.Vasanthi

... Petitioner

-vs-

The District Collector, Namakkal District, Namakkal.

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The Municipality Commissioner, Kumarapalayam Municipality, Kumarapalayam, Namakkal.

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Matheswaran ... Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents 1 and 2 herein to take action against 3^rd respondent in respect of the illegal construction put up by the 3^rd respondent in the encroached land at Survey No.164, Block 9 Ward B, Kambar Street belonging to the 2^nd respondent Municipality.

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For Petitioner : Mr.M.Santhanaraman

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For R1 : Mr.T. Arun Kumar Addl. Govt. Pleader For R2 : Mr.E.Vijay Anand For R3 : Mr.R.Marudhachalamurthy *****

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1/4

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https://www.mhc.tn.gov.in/judis

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O R D E R

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(By.S.M.SUBRAMANIAM,J.,)

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W.P.No.26127 of 2023

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Writ of Mandamus has been instituted to direct the respondents 1 and 2 herein to take action against 3^rd respondent in respect of the illegal construction put up by the 3^rd respondent in the encroached land at Survey No.164, Block 9 Ward B, Kambar Street belonging to the 2^nd respondent Municipality.

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Learned counsel for the petitioner would submit that despite identification of encroachments, no enforcement action had been taken, which resulted in institution of writ proceedings.

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Learned counsel for the 3^rd respondent would oppose, by stating that he is the owner of the land and patta has been granted in his favour. He is ready and willing to submit all relevant documents before the competent authorities.

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Mr.C.Ramesh, Commissioner, Kumarapalayam Municipality

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is present before this Court, pursuant to the orders of this Court and submitted that initially, notice was served under old Act and subsequently, revised show cause notice under Section 128 of the Urban Local Bodies 2/4

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https://www.mhc.tn.gov.in/judis

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W.P.No.26127 of 2023

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Act, 1998 had been issued to encroachers. Authorities have conducted survey and identified encroachments. Therefore, all such encroachments will be removed by following procedures as contemplated under the Act.

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It is needless to state that the enforcement action is to be completed, after affording an opportunity of hearing to the petitioner and documents, if any filed by encroachers are also to be looked into before taking a final decision for removal of unauthorized constructions / encroachments. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

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With the above directions, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

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(S.M.S,J.,) (C.K,J.,) 10.12.2025

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Index: Yes / No Internet: Yes / No ar

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