R.Lalitha Vs The Secretary to the Government

Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, to call for the records in relating to the eviction order passed by the 5^th respondent, in Na.Ka.No.081/2026/F1 dated 05.03.2026 and quash the same and consequently, direct the respondents to permit the petitioner to continue in possession in Survey No.219/1, bearing Door No.19/11, Ponnangadu, Vedaranyam Town and Taluk, Nagapattinam District.

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For Petitioner : Mr.V.Kasinatha Bharathi For Respondents : Mr.T.Arunkumar Additional Government Pleader for R1 to R4 Mr.R.Neethiperumal Government Advocate, for R5

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O R D E R

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[Made by S.M.SUBRAMANIAM, J., ]

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The present writ petition has been instituted challenging the eviction notice issued by the Vedharanyam Municipality under Section 128(1)(a)(b) and Section 128(2) of the Tamil Nadu Urban Local Bodies Act, 1998 (Act 9

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Page Nos.2/5

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

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W.P.No.17464 of 2026

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of 1999) [hereinafter “TNULB Act” for the sake of convenience and clarity] . The notice would indicate that the authorities, during the course of inspection, found that the petitioner has encroached upon the Municipality property, which is classified as Kulam (water body). Thus, enforcement action was initiated and notice came to be issued.

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The learned counsel for the petitioner would submit that the petitioner is in occupation for a long time and it is not a water body.

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If so, the petitioner is at liberty to submit her explanation along with documents, if any, to defend her case. In the event of receiving any such representation, the authorities shall consider the same and thereafter take a final decision to evict the encroachers from the water body by following further procedures as contemplated under the TNULB Act as well as the rules framed thereunder. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

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If the petitioner is a homeless poor person, she is at liberty to submit an application before the competent authority seeking an alternate accommodation. In the event of receiving any such application, the District

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Page Nos.3/5

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

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W.P.No.17464 of 2026

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Collector or the competent authority may consider and provide alternate accommodation under anyone of the Government Welfare Schemes, on merits and subject to eligibility.

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With the above directions and observations, the Writ Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

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(S.M.S.,J.) (K.S.,J.) 29.04.2026

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Index : Yes Neutral Citation : Yes / No Speaking order / Non-speaking order

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mk

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To

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