Dismissed¶30

J.Babu v. the District Collector

Madras HC16 Apr 2026WP/14471/2026

Case brief

AI extract

What is this about?

Encroachment removal notice; Kancheepuram Municipality/Corporation Commissioner; pre-notice opportunity objection rejected - notice itself an opportunity to explain; enforcement initiated pursuant to earlier Madras High Court orders dated 25.06.2025 in W.P.No.27259 of 2021; Article 226 certiorarified mandamus; liberty to submit explanation with documents; removal per statutory procedures; patta representation dated 26.2.2026 not adjudicated; writ petition dismissed, no costs; WMP No. 15694 of 2026 closed.

What did the court decide?

The impugned notice itself is an opportunity seeking explanation from the petitioner; accordingly, the contention that no opportunity was provided prior to issuance of the notice deserves no consideration. ¶24

J.Babu Vs the District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the authorities failed to provide the petitioner an opportunity prior to issuance of the impugned notice, warranting interference with the notice. +1 more

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Court's answer

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Ratio / Principle

The petitioner is at liberty to submit his explanation along with documents, if any, in response to the impugned notice to the Commissioner, Kancheepuram Corporation.

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Key takeaways

The Commissioner shall consider the explanation and take a final decision if any encroachments are identified, and thereafter remove the same by following the procedures prescribed under the Statutes and Rules in force.ratio¶29
The writ petition is dismissed with no order as to costs.ratio¶30
The connected miscellaneous petition (WMP No. 15694 of 2026) is closed.ratio

Detailed headnote1 paragraphs

Madras High Court (S.M. Subramaniam and K. Surender, JJ.) dismissed a writ petition under Article 226 seeking a writ of certiorarified mandamus to quash a notice dated 28.01.2026 (Na.Ka. No. 11293/2020/F1) issued by the Commissioner, Kancheepuram Municipality/Corporation, initiating enforcement action for removal of encroachment pursuant to the High Court's earlier orders dated 25.06.2025 in W.P.No.27259 of 2021. Rejecting the petitioner's contention that no opportunity was afforded before issuance of the notice, the Court held that the impugned notice itself is an opportunity seeking explanation from the petitioner. The petitioner was directed to submit his explanation with supporting documents to the Commissioner, who is to consider it, take a final decision if encroachments are identified, and remove them by following the procedures prescribed under the Statutes and Rules in force. Writ petition dismissed without costs; connected WMP No. 15694 of 2026 closed. The petitioner's separate representation dated 26.2.2026 for grant of patta was not adjudicated in this order.

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W.P No. 14471 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16-04-2026

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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 WP No. 14471 of 2026 AND WMP NO. 15694 OF 2026

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J.Babu

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S/o.Jameel Ahamed, residing at No.6, Gokulam Street Chinna Kancheepuram- 631 501.

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..Petitioner

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The District Collector Kancheepuram District, Kancheepuram- 631 502.

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The Commissioner Kancheepuram Municipality, Annai Indira Gandhi Salai, Kancheepuram-631 502.

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The Tahsildar Kancheepuram Taluk, Kancheepuram District, Kancheepuram-631 502.

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..Respondents

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Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for records of the 2nd Respondent in Na.Ka. No. 11293/ 2020/F1 dated 28.01.2026, quash the same and consequently direct the 1st respondent and 3rd respondent to consider the petitioners representation dated 26.2.2026 for grant of patta in Petitioners favour in respect of the property situate at No.6, Gokulam Street, Chinna Kancheepuram.

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Page 1 of 4

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

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W.P No. 14471 of 2026

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For Petitioner : Mr.S.Ganesh For Respondents : Mr.T.Arun Kumar Additional Government Pleader – for R1 & R3 Mr.R.A.Gopinath Standing Counsel – for R2

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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 present writ petition has been instituted challenging the notice issued by the Commissioner, Kancheepuram Corporation (then Municipality) vide proceedings dated 28.01.2026.

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Enforcement action for removal of encroachment has been initiated pursuant to the orders of the High Court dated 25.06.2025 in W.P.No.27259 of 2021 dated 25.06.2025. Learned counsel for the petitioner would submit that the authorities have not provided an opportunity to him prior to issuance of the notice. The impugned notice itself is an opportunity seeking explanation from the petitioner and thus, the said contention deserves no consideration.

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In view of the facts and circumstances, the petitioner is at liberty to submit his explanation along with documents, if any, in response to the impugned notice to the Commissioner, Kancheepuram Corporation, who in turn, shall consider the same and take a final decision if any encroachments are identified and thereafter remove

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Page 2 of 4

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

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W.P No. 14471 of 2026

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the same by following the procedures prescribed under the Statutes and Rules in force.

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