Dismissed¶39

M.Anjammal v. The Government of Tamil Nadu

Madras HC9 Jul 2026WP/26344/2026

Case brief

AI extract

What is this about?

Encroachment removal; Section 128 Tamil Nadu Urban Local Bodies Act; final notice Na.Ka.No.626/2024/F1 dated 09.06.2026; Commissioner Maduranthagam/Maduranthakam Municipality; Government Hospital Road; public road obstruction to ambulance movement; ex parte permanent injunction decree no bar on Government; writ of certiorari under Article 226; writ petition dismissed, no costs; connected WMP No. 28792 of 2026 closed; Tamil Nadu municipal administration; Chengalpattu District.

What did the court decide?

An ex parte decree for injunction obtained by some of the encroachers will in no way prevent the Government from removing the encroachment along the public road. ¶35

M.Anjammal Vs The Government of Tamil Nadu — Writ and Judicial Review | Madras HC (2026)

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WP No. 26344 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09-07-2026

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CORAM

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THE HON'BLE DR JUSTICE G. JAYACHANDRAN

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AND

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THE HON'BLE MRS.JUSTICE N. MALA

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WP No. 26344 of 2026 AND WMP NO. 28792 OF 2026

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M.Anjammal

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W/o.Manohar, No.60, Government Hospital Road, Maduranthakam, Chengalpattu District- 603 306.

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..Petitioner(s)

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The Government of Tamil Nadu Represented by The Additional Chief Secretary to Government, Municipal Administration and Water Supply Department, Secretariat,Chennai-09.

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The Directorate of Municipal Administration No.3, MRC Nagar, Raja Annamalaipuram, Chennai-028.

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The commissioner Maduranthakam Municipality, Maduranthakam, Chengalpattu District.

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The District Collector Chengalpattu District.

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The Tahsildar Maduranthakam Taluk, Chengalpattu District.

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__________ Page1 of 5

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

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WP No. 26344 of 2026

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..Respondent(s)

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Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorari, calling for the records relating to the impugned proceedings in Na.Ka.No.626/ 2024/F1 dated 09.06.2026 passed by the 3rd Respondent, quash the same.

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WP No. 26344 of 2026

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For Petitioner(s):	V.Vadivalagia Nambi B.Meganathan S.Ragu V.Sabari Vasan
For Respondent(s):	Mr.K.Surendar, GA for RR1, 2, 4 & 5 Mr.P.Srinivas, Standing counsel for R3

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Order

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

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(1) Mr.K.Surendar, learned Government Advocate accepts notice on behalf of the respondents 1, 2, 4 and 5. Mr.P.Srinivas, learned Standing counsel accepts notice on behalf of the 3^rd respondent.

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(2) By consent, the main writ petition is taken up for final disposal at the admission stage itself.

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(3) The Final Notice issued by the 3^rd respondent/Commissioner, Maduranthagam Municipality, on 09.06.2026, for removal of encroachment along the Government Hospital Road, is challenged in this writ petition on the ground that the writ petitioner and her family are living in the said land since 1975 and the property being assessed to tax.

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Page2 of 5

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

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WP No. 26344 of 2026

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The proceedings initiated under Section 128 of the Tamil Nadu Urban Local Bodies Act, alleging encroachment is illegal since there is a Civil Court decree in favour of the petitioner herein, granting permanent injunction. Being a residential premises, the learned counsel for the petitioner states that without assigning proper reason, the impugned order is being passed for demolition.

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(4) A perusal of the impugned order reveals that earlier, this Court vide orders dated 28.07.2025 and 06.03.2026, made in WP.Nos.24266/2025 and 10761 & 10777/2026, had gone into the issue and having found that the subject land is on the public road leading to the hospital and causing hindrance to the movement of patients coming in Ambulance, directed the authorities to initiate action for removal of the encroachment. This Court also observed that if the petitioners therein have any right over the property, they have to approach the appropriate Forum for appropriate relief.

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(5) As far as the present impugned notice is concerned, after extracting the earlier proceedings, the final notice has been issued to the writ petitioner to vacate the encroached portion, so as to enable the authorities to remove the remove the encroachment and keep the road free for easy flow of traffic. The exparte decree obtained by some of the encroachers for injunction will no way prevent the Government from removing the encroachment along the public road.

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__________ Page3 of 5

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

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WP No. 26344 of 2026

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(6) Hence, the writ petition stands dismissed. No costs. Consequently, the

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connected miscellaneous petition is closed.

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(G.J.,J.) (N.M.,J.) 09-07-2026