ORDER :

Sanjay V. Gangapurwala, J.

(Prayer : Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records relating to the notice issued by the third respondent in Na.Ka.No.1736/2023/F1 dated 07.11.2023 (served on 08.03.2024) under Section 128 of the Tamil Nadu Urban Local Bodies Act, (Amended) 1998, quash the same.)

1. We have heard Mr.V.Elangovan, learned counsel for the petitioners and Mr.C.Kathiravan, learned Special Government Pleader, for the respondents.

2. The petitioners are challenging the notice issued under Section 128 of the Tamil Nadu Urban Local Bodies Act (Amended), 1998, for removal of encroachment on a waterbody.

3. The learned counsel for the petitioners submits that initially, WP No.11703/2016 was filed by one Vedachalam, alleging encroachment on the part of the first petitioner herein. The first petitioner was respondent No.5 in the said writ petition.

4. This Court, recorded the statement of the District Collector, that the encroacher has been evicted. In view of the same, the writ petition was disposed of. Subsequently, on 22.11.2023, a notice was issued to both the petitioners herein for removal of encro