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M.Jayaramachandar v. The Commissioner of corporation

Madras HC26 Mar 2026WP/11768/2026

Case brief

AI extract

What is this about?

Section 128 Tamil Nadu Urban Local Bodies Act 1998; encroachment removal; eviction attempted before final decision; consideration of representation/explanation within prescribed time limit; final orders to precede enforcement action; Coimbatore Corporation Commissioner; proceedings Na.Ka. No.3535/2024/H1.M dated 03.02.2026; Article 226 Constitution of India certiorari; Madras High Court writ disposed; no costs; connected miscellaneous petition closed.

What did the court decide?

Writ Petition disposed of with the direction that the respondent consider the petitioner's representation and pass final orders before any enforcement action; no order as to costs; connected Miscellaneous Petition (W.M.P.No.12844 of 2026) closed. ¶29

M.Jayaramachandar Vs The Commissioner of corporation — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the competent authority may initiate enforcement/eviction action for removal of encroachment before considering the petitioner's representation and passing final orders under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998.

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Court's answer

The procedures contemplated under Section 128 of the Tamil Nadu Urban Local Bodies Act must be scrupulously followed by the authority; any representation received within the prescribed time limit shall be considered before final orders; and the competent authority has to pass the final orders before initiating any enforcement action for the removal of encroachments.

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Ratio / Principle

Since the petitioner has already submitted his representation, the respondent is directed to consider the same and pass final orders, and thereafter proceed with enforcement action only if an encroachment is identified.

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Detailed headnote1 paragraphs

Writ Petition (Madras High Court, disposed 26-03-2026) challenging a notice issued under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998 by the Commissioner, Coimbatore Corporation (proceedings Na.Ka. No.3535/2024/H1.M dated 03.02.2026). The petitioner had already submitted his explanation on 13.02.2026 and complained that the authority was attempting to evict him before taking a final decision. The Court held that the procedures contemplated under Section 128 must be scrupulously followed, that any representation received within the prescribed time limit shall be considered before final orders, and that the competent authority must pass final orders before initiating any enforcement action for the removal of encroachments. The respondent was directed to consider the representation, pass final orders, and only thereafter proceed with enforcement if an encroachment is identified. Writ Petition stands disposed of; no order as to costs; connected W.M.P.No.12844 of 2026 closed.

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WP No. 11768 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 26-03-2026

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CORAM

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THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

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AND

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THE HON'BLE MR.JUSTICE K. SURENDER

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W.P. No. 11768 of 2026

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and W.M.P.No.12844 of 2026

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M.Jayaramachandar s/o.K.Manickam, No.322, Indira Nagar, Nanjundapuram Road Coimbatore-641 038

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..Petitioner(s)

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The Commissioner of corporation Coimbatore Corporation, O/o.The Commissioner of Corporation, Coimbatore-Post and District.

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..Respondent(s)

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PRAYER : The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari to call for the records of the proceedings made in Na.Ka. No.3535 / 2024/ H1.M on the file of the respondent dated 03.02.2026 and quash the same.

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For Petitioner(s): Mr. D.Veerasekaran

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For Respondent(s): Mr. Najeeb Usman Khan Standing Counsel

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Page1 of 4

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

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WP No. 11768 of 2026

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ORDER

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

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The notice issued under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998, is under challenge in the present Writ Petition.

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Admittedly, the petitioner has submitted his explanation on 13.02.2026. The grievance of the petitioner is that, before taking a final decision, the authority is attempting to evict the petitioner. It is needless to state that the procedures contemplated under Section 128 of the Tamil Nadu Urban Local Bodies Act, must be scrupulously followed by the authority. The statute mandates that any representation received within the prescribed time limit shall be considered by the authority or the officer concerned before passing final orders. Thus, the competent authority has to pass the final orders before initiating any enforcement action for the removal of encroachments.

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In the present case, the petitioner has already submitted his representation. Thus, the respondent is directed to consider the same and pass final orders, and thereafter proceed with enforcement action, if any encroachment is identified.

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Page2 of 4

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

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WP No. 11768 of 2026

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