Hindu Nadar Uravinmurai Mahamai Committee Represented by its President v. The District Collector
Writ Petition – Certiorari under Article 226 – Encroachment removal – Tamil Nadu Urban Local Bodies Act, 1998, S.128
Case brief
What is this about?
Madurai Bench of Madras High Court; W.P(MD)No.30000 of 2025 (with W.M.P.(MD)Nos.23189, 23190, 23191 of 2025); decided 30.10.2025; Coram: G.R.Swaminathan and B.Pugalendhi, JJ.; Hindu Nadar Uravinmurai Mahamai Committee v. (1) District Collector, Tenkasi District and (2) Commissioner, Puliangudi Municipality; writ of certiorari under Article 226 of the Constitution of India; impugned order in Na.Ka.1577/2014/F1 dated 25.09.2025; encroachment removal; Section 128 and Section 128(1)(b) of the Tamil Nadu Urban Local Bodies Act, 1998; pre-decisional show cause notice not issued; order set aside and remitted to second respondent to follow statutory procedure; no costs; connected miscellaneous petitions closed.
What did the court decide?
Impugned order dated 25.09.2025 of the Commissioner, Puliangudi Municipality set aside on the sole ground that the show cause notice required by Section 128(1)(b) was not issued; matter remitted to the file of the second respondent, who shall adhere to the procedures prescribed in the statutory provision; no costs; connected miscellaneous petitions (W.M.P.(MD)Nos.23189, 23190 and 23191 of 2025) closed.