A.Mydeen Vs The Commissioner — Writ and Judicial Review | Madras HC (2026)

A.Mydeen Vs The Commissioner — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: (i) petitioner to treat the notice dated 08.05.2026 as a show-cause notice and submit explanation/objections within seven days; (ii) first respondent to consider the explanation and pass appropriate orders on merits and in accordance with law; (iii) no coercive action against the petitioner until the explanation is considered and a final order passed, subject to timely submission of the explanation; no order as to costs; connected miscellaneous petition closed.

Issue for consideration

Whether the eviction notice dated 08.05.2026 issued by the first respondent under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998 is vitiated by non-compliance with Section 128(1)(b), said to mandate a show-cause notice and consideration of the occupant's explanation before eviction or coercive action.

Court's answer

In view of the respondent Corporation's submission (placed on record) that the impugned notice may be treated as a show-cause notice and that a final decision will be taken only after considering the petitioner's explanation, no further adjudication is required at this stage; the writ petition stands disposed of with directions.

Ratio / Principle

Direction (i): the petitioner shall treat the impugned notice dated 08.05.2026 as a show-cause notice and submit his explanation/objections to the first respondent within seven (7) days from receipt of a copy of the order.

Key takeaways

Direction (ii): upon receipt of the explanation, the first respondent shall consider it and pass appropriate orders on merits and in accordance with law.ratio¶26
Direction (iii): until the petitioner's explanation is considered and a final order passed thereon, no coercive action shall be taken against the petitioner, provided the explanation is submitted within the stipulated time.ratio¶27
No order as to costs; the connected miscellaneous petition (W.M.P.(MD)No.11920 of 2026) is closed.

Detailed headnote1 paragraphs

Writ of Certiorari under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, challenging an eviction notice (Ref. A5/014769/2025, dt. 08.05.2026) issued by the Commissioner, Madurai Corporation under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998, proposing eviction of the petitioner from premises at Ellis Nagar, 70 Feet Road, Zone–III, Madurai. Counsel for the petitioner contended the notice offended Section 128(1)(b), said to mandate a show-cause notice and consideration of the occupant's explanation before eviction or coercive action. On the Corporation's submission, placed on record, that the notice may be treated as a show-cause notice with final decision only after considering the petitioner's explanation, Hemant Chandangoudar, J. held no further adjudication necessary at that stage and disposed of the writ petition directing: (i) the petitioner to file his explanation within seven days treating the notice as show-cause; (ii) the first respondent to consider it and pass appropriate orders on merits in accordance with law; and (iii) no coercive action until then, provided timely submission. No order as to costs; connected W.M.P.(MD)No.11920 of 2026 closed.

W.P.(MD)No.15903 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 12.06.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR

W.P.(MD)No.15903 of 2026 and W.M.P.(MD)No.11920 of 2026

A.Mydeen

... Petitioner

vs.

1.The Commissioner, Madurai Corporation, Madurai.

2.The General Manager, Madurai District Milk Producer Coop Society (Aavin), Madurai. ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari to call for the records of the impugned notice in A5/014769/2025 dated 08.05.2026 on the file of the first respondent and quash the same.

For Petitioner :Mr.S.Jaya Vasanthan For R1 :Mr.K.Sivabalan For R2 :Mrs.J.Devasena *****

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W.P.(MD)No.15903 of 2026

O R D E R

The petitioner challenges the notice dated 08.05.2026 issued by the first respondent under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998, whereby the first respondent proposes to evict the petitioner from the premises situated at Ellis Nagar, 70 Feet Road, Zone– III, Madurai Corporation.

2.Learned counsel appearing for the petitioner submits that the impugned notice is contrary to Section 128(1)(b) ) of the Act, which mandates issuance of a show-cause notice and consideration of the explanation of the occupant before any order of eviction is passed or coercive action is taken.

3.Learned counsel appearing for the respondent Corporation submits that the impugned notice may be treated as a show-cause notice and that the Corporation will take a final decision only after considering the explanation to be submitted by the petitioner. The said submission is placed on record.

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W.P.(MD)No.15903 of 2026

4.In view of the aforesaid submission, no further adjudication is required at this stage. Accordingly, the writ petition stands disposed of with the following directions:

(i) The petitioner shall treat the impugned notice dated 08.05.2026 as a show-cause notice and submit his explanation/objections to the first respondent within a period of seven (7) days from the date of receipt of a copy of this order;

(ii) Upon receipt of such explanation, the first respondent shall consider the same and pass appropriate orders on merits and in accordance with law;

(iii) Until the explanation submitted by the petitioner is considered and a final order is passed thereon, no coercive action shall be taken against the petitioner, provided the explanation is submitted within the time stipulated above.

5.There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

Index :Yes / No 12.06.2026 NCC :Yes / No cmr 3/4

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

W.P.(MD)No.15903 of 2026

HEMANT CHANDANGOUDAR, J.

cmr

W.P.(MD)No.15903 of 2026

12.06.2026

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