IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, A.D.MARIA CLETE, JJ
K.Guruvammal – Appellant
Versus
The District Collector – Respondent
| Table of Content |
|---|
| 1. notice of eviction taken on record. (Para 1 , 2) |
| 2. authority must ensure public road availability. (Para 4 , 6) |
| 3. final notices follow proper procedures. (Para 5) |
| 4. adjudication of property disputes reserved for civil courts. (Para 7 , 8) |
[Order of the Court was made by S.M.SUBRAMANIAM, J.]
Mr.M.Sarangan, learned Additional Government Pleader, takes notice for the first respondent and Mr.K.K.Kannan, learned Standing Counsel, takes notice for the second respondent.
2. With the consent of both sides, these writ petitions are taken up for final hearing at the admission stage itself.
3. The final notices for removal of encroachments dated
28.04.2025, issued by the second respondent, under Section 128 of the Tamil Nadu Urban Local Bodies Act , 1998, are under assail in the writ on hand.
4. Section 128 of the Tamil Nadu Urban Local Bodies Act , 1998, reads as under:
“128.Power to remove encroachment from public place.-(1) The Commissioner may,-
(a)remove without any notice any movable temporary structure, enclosure, stall, booth, any article whatsoever hawked, exposed or displayed for sale or any other thing whatsoever by way of encroaching street or public place or the lan
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