K.Akilambal Vs The District Collector / Monitoring Committee

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records relating to the impugned notice in Na.Ka.No.F1/238/2025 dated 19.06.2025 issued by the fourth respondent and quash the same.

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For Petitioner : Mr.S.Anwar Sameem For RR 1, 3 & 5 : Mr.V.Om Prakash Government Advocate For RR 2 & 4 : Mr.J.Sriprasad for M/s.R.B.Law Associates

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ORDER

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(Order of the Court was made by S.M.SUBRAMANIAM, J.)

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Mr.V.Om Prakash, learned Government Advocate, takes notice

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for the respondents 1, 3 and 5 and Mr.J.Sriprasad, learned counsel, takes notice for the respondents 2 and 4.

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

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W.P(MD)No.18460 of 2025

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2.With the consent of both sides, this Writ Petition is taken up

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for final hearing at the admission stage itself.

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3.The writ on hand has been instituted challenging the notice dated 19.06.2025, issued by the fourth respondent under the provisions of the Tamil Nadu Urban Local Bodies Act, 1998, for the removal of encroachments.

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4 .The learned counsel appearing for the petitioner would submit that in pursuance of the order of this Court dated 05.06.2025 passed in W.P(MD)No. 15326 of 2025, the impugned notice was issued by the Assistant Commissioner, Trichirappalli Corporation, under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998.

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5.The said impugned notice shall be treated as a show cause notice for all purposes under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998, since the petitioner is entitled for an opportunity to present her defence before the competent authority.

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

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W.P(MD)No.18460 of 2025

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6.In view of the above, the petitioner is at liberty to submit her explanation, along with relevant documents, if any, to the concerned authority within a period of two weeks from the date of receipt of a copy of this order. On receipt of any such explanation, the concerned authority shall look into the same, take a final decision and if any encroachments or unauthorized constructions are identified, conclude the enforcement actions by following the further procedures as contemplated under the statutes and rules. The said exercise is directed to be completed within a period of twelve weeks thereafter.

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7.With the above, directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous

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Petitions are closed.

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[S.M.S.,J.] & [A.D.M.C.,J.] 08.07.2025

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NCC : Yes / No Index : Yes / No Internet : Yes ps

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