Ramiah Vs The Commissioner — Madras HC (2026) — LawSathi Research

Ramiah Vs The Commissioner — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

W.P.No.11306 of 2023 stands dismissed with the above observations and directions; petitioner granted liberty to submit explanation within two weeks, on which the respondent is to pass appropriate orders and proceed with enforcement action under the Act, 1998 if encroachments are identified; connected W.P.No.11202 of 2025 closed, no costs, and all miscellaneous petitions closed.

Issue for consideration

Whether the notice dated 06.04.2023 issued under the provisions of the Hosur Corporation Act, 2019 (Na.Ka.NO. 6365/2019/F1), challenged in W.P.No.11306 of 2023, is valid. +1 more

Ratio / Principle

All eviction proceedings are to be initiated under the Tamil Nadu Urban Local Bodies Act, 1998; therefore, the notice issued under the Hosur Corporation Act, 2019 is treated as a show cause notice issued under the Act, 1998, enabling the petitioner to submit his explanation along with documents, if any, to defend his case.

Key takeaways

Petitioner is at liberty to submit his explanation within two weeks from receipt of a copy of the order; on receipt of such explanation, the respondent shall pass appropriate orders and proceed with enforcement action for removal of encroachments under the relevant provisions of the Act, 1998, if encroachments are identified.ratio¶41

Detailed headnote1 paragraphs

Eviction proceedings - Notice dated 06.04.2023 (Na.Ka.NO. 6365/2019/F1) issued under the Hosur Corporation Act, 2019 challenged - Court held that all eviction proceedings are to be initiated under the Tamil Nadu Urban Local Bodies Act, 1998, and accordingly treated the notice as a show cause notice under the Act, 1998 - Petitioner given liberty to submit explanation within two weeks - On receipt of explanation, respondent to pass appropriate orders and proceed with enforcement action for removal of encroachments under the relevant provisions of the Act, 1998 if encroachments are identified - W.P.No.11306 of 2023 dismissed; connected W.P.No.11202 of 2025 (challenging records dated 27.10.2011, Na.Ka. No12188/2011/C3) and miscellaneous petitions closed - No costs.

2026:MHC:1236

WP No. 11306 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2026

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.SURENDER

W.P.Nos.11306 of 2023 and 11202 of 2025 AND W.M.P.Nos.11191 of 2023, 12631 & 12632 OF 2025

Ramiah

..Petitioner

Vs

The Commissioner, Hosur City Municipality, Hosur.

(R1 cause title amended by an order dated 28.04.2023)

..Respondent

W.P.No.11202 of 2025

Ramiah

..Petitioner

Vs

The Thasildhar Hosur.

The Commissioner Hosur City Municipal Corporation, Thillai Nagar, Hosur- 635 109.

..Respondent(s)

Prayer: Calling for the records of the Respondent dated 06.04.2023 bearing Na.Ka.NO. 6365/2019/F1 and quash the same

W.P.No.11202 of 2025

Prayer: Calling for the records of the 1st Respondent herein dated 27.10.2011 bearing Na.Ka. No12188 / 2011 / C3 and quash the same.

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WP No. 11306 of 2023

For Petitioner: Mr.K.Venkatasubban For M/s.Sarvabhauman Associates

For Respondent(s): Mr.T.Balaji Standing Counsel for Corporation Mr.T.Arun Kumar, AGP for R1 (in W.P.11202/2025) *****

C O M M O N O R D E R

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

In W.P.No.11306 of 2023, notice dated 06.04.2023 issued

under the provisions of Hosur Corporation Act, 2019 is under challenge.

In terms of Tamil Nadu Urban Local Bodies Act, 1998 (in

short 'the Act, 1998'), all eviction proceedings are to be initiated under the said Act, 1998. Therefore, notice issued under Hosur Corporation Act, 2019 is treated as a show cause notice issued under the Act, 1998,

so as to enable the petitioner to submit his explanation along with documents, if any to defend his case.

At this juncture, learned Standing Counsel for the

respondent Corporation would submit that application submitted by the petitioner for grant of patta was rejected and subsequently, enforcement actions are initiated.

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WP No. 11306 of 2023

May that as it be, petitioner is at liberty to submit his explanation within a period of two weeks from the date of receipt of a copy of this order. On receipt of any such explanation from the petitioner, respondent shall pass appropriate orders and proceed with enforcement action for removal of encroachments under the relevant provisions of the Act, 1998, if encroachments are identified.

With the above observations and directions, W.P.No.11306 of 2023 stands dismissed.

In view of the order passed herein-above, connected W.P.No.11202 of 2025 is closed. No costs. Consequently, all Miscellaneous Petitions are closed.

(S.M.S.,J.) (K.S.,J.) 25-03-2026

Index: Yes Speaking Order Neutral Citation: Yes/No AR

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WP No. 11306 of 2023

S.M.SUBRAMANIAM,J. AND K.SURENDER,J. AR

To:

The Thasildhar Hosur.

The Commissioner Hosur City Municipal Corporation, Thillai Nagar, Hosur - 635 109.

W.P.Nos.11306 of 2023 and 11202 of 2025

25-03-2026

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