IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-12-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

WP No. 44568 of 2025

AND

WMP NOS. 49723 OF 2025

1. Mr. N. Anandaraman

S/o.Late.K.Narasimalu Reddy,

No.52/2A1, School Street, Selaiyur,

Chengalpattu District-600 073.

2.A.Karthick

S/o.N.Anandaraman,

No.52/2A2, School Street, Selaiyur,

Chengalpattu District-600 073

Petitioner(s)

Vs

1. The Commissioner

Tambaram Municipal Corporation, No.28, Muthurangamudhali Street, Tambaram West, Chennai-600 045

2.The District Collector

Collectorate, G.S.T Road,

Chengalpattu District-603 001

3.The Tahsildar

Tambaram Taluk, Taluk Office

Building, 1st Floor, GST Road,

Tambaram, Chennai-600 045

4.R.Dhamodran

45th Ward Counsellor, Tambaram Corporation, Salaiyur Village, Chennai-600 073 Residing at No.11, Muthalamman Kovil Street, Salaiyur, Chennai-600 073 Respondent(s)

PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the records from the 1^st respondent relating to Notice bearing reference Notice No.Na.Ka.No.4365/2025/F1 dated 30.10.2025 and quash the same as same insofar as it sought to remove the encroachment at Survey No.51/1, Ward-1, Block No.1, T.S.No.60, School Street, within 7 days from the date of receiving the said notice as illegal, arbitrary, mala fide contrary without jurisdiction and to consequently direct the respondents to allow to enjoy the aforesaid property peacefully.

For Petitioner(s): Ms.R.Raji For Respondent(s): Mr. P. Srinivas Sc For R1 Mr. T.Arunkumar AGP For R2 and R3 *****

ORDER

(Order of the Court was made by S.M.Subramaniam J.)

Notice issued under Section 128 of the Tamil Nadu Urban Local Bodies Act by the Commissioner, Tambaram Corporation is under challenge in the present writ proceedings. The Authorities of Tambaram Corporation, during inspection identified encroachment based on the complaint. The Corporation has already proposed to construct Tax collection counter for the benefit of the people in that locality. In view of the encroachment, the Corporation is unable to proceed with the project. Thus, notice under Section 128 of the Act was given enabling the petitioner to vacate encroached portion of the Corporation land.

2.The learned counsel for the petitioner would submit that no opportunity has been given to the petitioner. It is contended that the petitioner has already instituted a civil suit. The petitioner is at liberty to establish his right in the Civil Suit. However, in respect of the claim set out by the Tambaram Corporation, the petitioner is at liberty to submit his explanation along with the documents. In the event of receiving any explanation, the same may be considered and a final decision may be taken for identification of encroachment and if any encroachment are identified, encroachment action shall be continued and to be completed within a period of twelve(12) weeks.

3. With the above directions, this writ petition stands disposed of. No costs. Consequently, connected WMP is also closed.

(S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.)

18.12.2025 (2/2)

kmi Index:Yes Speaking order Internet:Yes Neutral Citation:Yes/No To

1.The Commissioner Tambaram Municipal Corporation, No.28, Muthurangamudhali Street, Tambaram West, Chennai-600 045

2.The District Collector Collectorate, G.St.Road, Chengalpattu District-603 001

3.The Tahsildar Tambaram Taluk, Taluk Office Building, 1st Floor, GST Road, Tambaram, Chennai-600 045.

S.M.SUBRAMANIAM J.

AND C.KUMARAPPAN J.

kmi WP No.44568 of 2025 AND WMP NO. 49723 OF 2025

18-12-2025