Mr.Ramanathan.J. Vs The Punjai Pulliampatti… — Writ and Judicial Review | Madras HC (2026)

Mr.Ramanathan.J. Vs The Punjai Pulliampatti… — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Direction to the 1st respondent Municipality to scrutinize the report dated 13.01.2026, conduct a resurvey of the land if necessary, and remove the encroachment, if any, forthwith; connected Miscellaneous Petitions (W.M.P.Nos. 22017, 22018 & 22019 of 2026) closed; no costs.

Issue for consideration

Whether the impugned notice dated 21.01.2026 (Na.K.No.15/2010/F1) issued by the Municipality under Section 128 of the Tamil Nadu Urban Local Bodies Act was arbitrary, having been issued without verifying revenue records or affording the petitioner an opportunity of being heard. +1 more

Court's answer

On perusing the records, the Court found that the petitioner had been personally informed about the encroachment before the impugned notice dated 21.01.2026 was caused, and that the notice indicates a report dated 13.01.2026 had already been filed regarding the said encroachment.

Ratio / Principle

Since five months had lapsed after the impugned notice without any concrete action by the respondent, the Court disposed of the writ petition with a direction that, after scrutinizing the report dated 13.01.2026 and conducting a resurvey of the land if necessary, the encroachment, if any, shall be removed forthwith.

Detailed headnote1 paragraphs

Municipal encroachment notice — S.128, Tamil Nadu Urban Local Bodies Act: Petitioner sought a Writ of Certiorarified Mandamus to quash the notice dated 21/01/2026 (Na.K.No.15/2010/F1) issued by the Commissioner of Punjai Pulliampatti Municipality directing removal, within three days, of a construction alleged to obstruct a water pass way, contending the notice was arbitrary and issued without verifying revenue records or a hearing. The Court found the petitioner had been personally informed of the encroachment before the notice and that a report dated 13.01.2026 on the encroachment already existed. As five months had passed with no concrete action, the writ petition was disposed of with a direction that, after scrutinizing the 13.01.2026 report and conducting a resurvey if necessary, the encroachment, if any, be removed forthwith; connected miscellaneous petitions closed; no costs.

WP No. 20485 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-06-2026

CORAM

THE HON'BLE DR JUSTICE G. JAYACHANDRAN AND

THE HON'BLE MRS.JUSTICE N. MALA

Writ Petition No. 20485 of 2026 and

W.M.P.Nos. 22017, 22018 & 22019 of 2026

Mr.Ramanathan.J.

..Petitioner

Vs

The Punjai Pulliampatti Municipality, Rep.by its Commissioner, 9/135, Jawahar Main Road, Punjai Puliampatti Village, Sathyamangalam Taluk, Erode Disrict 638 459.

The District Collector, The Collectorate Office, Erode District.638 011.

The Tahsildar, Taluk Office, Near Bus Stand, Sathyamangalam Taluk, Erode District 638 401

The State of Tamil Nadu, Rep. by its Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai 600 009.

..Respondents

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WP No. 20485 of 2026

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned notice dated 21/01/2026 made in Na.K.No.15/2010/ F1 issued by the 1^st Respondent, quash the same and consequently direct the 1^st respondent to consider the petitioner’s representation/objection in respect of the impugned notice dated 21/01/2026 made in Na.Ka.No.15/2010/F1, in accordance with law.

For Petitioner: Mr.S.Muhuselvan

For Respondents: Mr.B.Anand Standing Counsel For R1

Mr.B.Sivakollapan Government Advocate For R2 to R4

ORDER

(Order of the Court was made by Dr.G.Jayachandran J.)

The petitioner herein is alleged to have put up a construction obstructing a water pass way. Hence, the Commissioner of Punjai Puliampatti Municipality caused a notice under Section 128 of the Tamil Nadu Urban Local Bodies Act, directing the writ petitioner to voluntarily remove the objectionable encroachment within three days from the date of receipt of the notice.

2. Being aggrieved, the present writ petition has been filed seeking a Writ of Certiaraified Mandamus on the ground that the structure sought to be removed was put up by the writ petitioner long back. It is further contended that

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WP No. 20485 of 2026

the impugned notice was issued arbitrarily, without verifying the revenue records or affording the petitioner any opportunity of being heard.

3. On perusing the records, we find that the petitioner has been personally informed about the encroachment and only thereafter, the impugned notice dated 21.01.2026 had been caused. The impugned notice further indicates that a report dated 13.01.2026 had already been filed regarding the said encroachment.

4. The learned counsel appearing for the respondent/Municipality is not in a position to state whether any further action has been taken. Though five months have lapsed after causing the impugned notice, we do not find any concrete action taken by the respondent. Therefore, we dispose of the Writ Petition with a direction that after scrutinizing the report dated 13.01.2026 and conducting a resurvey of the land if necessary, the encroachment, if any, shall be removed forthwith. Consequently, the connected Miscellaneous Petitions are closed. No costs.

(G.J.,J.) (N.M.,J.) 05-06-2026

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

rpl

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WP No. 20485 of 2026

To

The District Collector, The Collectorate Office, Erode District.638 011.

The Tahsildar, Taluk Office, Near Bus Stand, Sathyamangalam Taluk, Erode District 638 401

The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai 600 009.

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WP No. 20485 of 2026

DR.G.JAYACHANDRAN J. and N.MALA J.

rpl

Writ Petition No. 20485 of 2026 and W.M.P.Nos. 22017, 22018 & 22019 of 2026

05-06-2026

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