Dismissed

Arul Mani v. the District Collector

Madras HC24 Feb 2026WP/7362/2026

Case brief

AI extract

What is this about?

The Division Bench dismissed a writ petition challenging a notice issued under Section 128 of the Tamil Nadu Urban Local Bodies Act for eviction. The court held that since the petitioners had already been granted liberty to submit explanations in earlier proceedings which were considered, the matter had reached finality and the new notice was not entertainable.

What did the court decide?

The writ petition was dismissed; connected review petition ordered and other connected matter closed.

Arul Mani Vs the District Collector — Landlord and Tenant | Madras HC (2026)

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WP No. 7362 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24-02-2026

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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 C.KUMARAPPAN

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WP No. 7362 of 2026 and WMP No. 7913 & 7915 of 2026

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Arul Mani

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D/o Munusamy, Periyar Nagar, Thazhaiyatham Puthiya Colony Gudiyatham,- 632602

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Gopi S/o Mani

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Periyar Nagar, Thazhaiyatham Puthiya Colony Gudiyatham.

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Y.Vinodkumar S/o Yesudass, Periyar Nagar,Thazhaiyatham Puthiya Colony Gudiyatham.

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Pushpa S/o Munusamy, Periyar Nagar, Thazhaiyatham Puthiya Colony Gudiyatham,

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Jayamani, W/o Anandan, Periyar Nagar, Thazhaiyatham Puthiya Colony Gudiyatham,

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Karthikeyan, S/o Vasudevan, Periyar Nagar, Thazhaiyatham Puthiya Colony Gudiyatham,

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D Vignesh, S/o .Dasarathan, Periyar Nagar, Thazhaiyatham Puthiya Colony Gudiyatham,

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__________ Page1 of 6

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

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WP No. 7362 of 2026

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Elizabeth W/o Devaraj Periyar Nagar Thazhaiyatham Puthiya Colony Gudiyattam .632602

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Kasiammal W/o Munusamy Periyar Nagar, Thazhaiyatham Puthiya Colony Gudiyatham,

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V.Kumar, S/o Vasudevan Periyar Nagar Thazhaiyatham Puthiya Colony Gudiyattam

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M.Krishnan F/o. Munisamy, Periyar Nagar, Thazhaiyatham Puthiya Colony Gudiyatham,

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Kasiammal W/o Seethapathi, Periyar Nagar,Thazhaiyatham Puthiya Colony Gudiyatham,

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Padhma W/o Adhimoolam Periyar Nagar,Thazhaiyatham Puthiya Colony Gudiyatham, 632602

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Thenmozhi S/o Kumar Periyar Nagar,Thazhaiyatham Puthiya Colony Gudiyatham - 632602

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..Petitioner(s)

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The District Collector Vellore District Vellore

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The Thasildar, Gudiyatham Taluk, Gudiyatham - 632602.

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__________ Page2 of 6

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

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WP No. 7362 of 2026

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The Commissioner, Gudiyatham Municipality, Gudiyatham, Vellore District - 632602

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..Respondent(s)

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calling for the records made in the impugned Notice of eviction issued in Na.Ka.No, 1769/2023/F-1 dated 29.11.2023 by the 3rd respondent along with the consequential notices dated 02.02.2026 and QUASH the same in so far as the Petitioners are concerned and further DIRECTING the respondents to grant house site Patta in T.S.No.792/57 situated at Periyar Nagar, Thazhaiyatham Puthiya Colony Gudiyatham Town , Vellore District and pass

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WP	No. 7362 of 2026
For Petitioner(s):	MR.B.Lenin Balu
For Respondent(s):	Mr.D.Ravichander, Spl.G.P. for R1 & R2. Ms.S.Indhu Bala, Addl.G.P. for R3.

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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, Gudiyatham Municipality, under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998.

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An eviction order came to be issued on earlier occasion in proceedings dated 09.10.2023 by the Commissioner Municipality. The said eviction order came to be challenged by the writ petitioner in a batch of writ petition in W.P.No.964 of 2023 etc. The Division Bench of this Court, disposed

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Page3 of 6

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

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WP No. 7362 of 2026

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of the said writ petitions on 26.10.2023 treating the said order as a show cause notice and granted liberty to the encroachers to submit their explanation. On receipt of the explanation, the authorities shall consider the same and pass appropriate order in the manner known to law.

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In pursuance to the orders of this Court, the petitioners have submitted explanation on 14.10.2023. On receipt of the explanation, it was considered and order of eviction was passed in proceedings dated 29.11.2023 by the Commissioner. The said order impugned would show the order passed by this Court in a batch of writ petition on 26.10.2023 in 5^th reference. Pursuant to the said order dated 29.11.2023, no eviction proceedings took place. However, once again, a notice came to be issued under section 128 of the Tamilnadu Urban Local Bodies Act. After passing the eviction order on 29.11.2023, now after a lapse of about 3 years, further notice under section 128 of the Tamil Nadu Urban Local Bodies Act has been issued in proceedings dated 02.02.2026. In view of the said factum, the present writ petition is not entertainable, since opportunity as contemplated were already been afforded to the writ petitioners/encroachers. Earlier, they have challenged the eviction order and the said order was set aside by this Court by treating the same as show cause notice and explanations were submitted by the petitioners and the same was considered and an order was passed in the year 2023. The said order is challenged in the present writ petition, now, after a lapse of 2 ½ years.

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__________ Page4 of 6

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

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WP No. 7362 of 2026

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Consequential eviction notice, now issued would not provide a fresh

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cause of action, since the issue had already reached finality. Therefore, the petitioners have not made out any acceptable ground for the purpose of entertaining the present writ petition. Thus, the Writ Petition stands dismissed. No costs. Consequently, connected W.M.P.No.7913 of 2026 is ordered and W.M.P.No.7915 of 2026 is closed.

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(S.M.S.,J.) (C.K.,J.) 24-02-2026

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

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VSI

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The District Collector Vellore District Vellore

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The Thasildar, Gudiyatham Taluk, Gudiyatham - 632602.

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The Commissioner, Gudiyatham Municipality, Gudiyatham, Vellore District - 632602

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__________ Page5 of 6

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

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WP No. 7362 of 2026

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S.M.SUBRAMANIAM J. AND C.KUMARAPPAN J.

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VSI

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WP No. 7362 of 2026

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24-02-2026

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__________ Page6 of 6

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

Arul Mani v. the District Collector

Case brief

What is this about?

What did the court decide?

Arul Mani v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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