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W.P(MD)No.1896 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 29.01.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

and

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

W.P(MD)No.1896 of 2026

and

W.M.P(MD)Nos.1483 & 1485 of 2026

R.Manoharan ... Petitioner

Vs.

1.The District Collector,

O/o the District Collector,

Theni District.

2.The Revenue Divisional Officer,

O/o the Revenue Divisional Officer,

Uthamapalayam,

Theni District.

3.The Tahsildar,

O/o the Tahsildar,

Uthamapalayam Taluk,

Theni District.

4.The Executive Officer,

O/o the Executive Officer,

Odaipatti Town Panchayat,

Odaipatti,

Theni District. ... Respondent

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W.P(MD)No.1896 of 2026

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a

Writ of Certiorari, to call for the records of Impugned Form III eviction notice

in Reference No.Na.Ka.No.292/2025 dated 09.10.2025 issued by the 4th

Respondent insofar as the petitioner is concerned and quash the same as illegal.

For Petitioner : Mr.O.R.Gokul Abimanyu

for Ms.A.V.Asha

For Respondents : Mr.G.V.Vairam Santhosh

Additional Government Pleader

ORDER

Heard both sides.

2.One Vanajothi filed W.P(MD)No.16796 of 2025 for removing the

encroachment in Survey No.241 in Odaipatti Village in Uthamapalayam Taluk.

We disposed of the said writ petition on 24.06.2025 in the following direction:

“3.When the matter was taken up for hearing, the

learned Additional Government Pleader confirmed that

Survey No.241 has been classified as “Odai”. On written

instructions from the Tahsildar, Uthamapalayam, the learned

Additional Government Pleader states that survey of the said

survey number will be undertaken. Notice will be issued to

all the interested parties including R5 & R6. If the results of

the survey indicate that there are encroachments, the same

will be removed by adhering to due process of law. The

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W.P(MD)No.1896 of 2026

encroachers will be given due opportunity before taking any

coercive action. The entire exercise shall be completed within

a period of four months from the date of receipt of a copy of

this order.”

Pursuant to the said direction, the Executive Officer of Odaipatti Town

Panchayat had issued the impugned notice dated 09.10.2025. Challenging the

same, this writ petition has been filed.

3.The learned counsel appearing for the petitioner is right in his

contention that without issuing show cause notice, the petitioner has been

straightaway called upon to remove the alleged encroachment. He would

further submit that no Form – II notice was issued.

4.Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998 reads

as follows:

“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 land belonging

to the departments of the Central or State Government within

the municipal limit

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W.P(MD)No.1896 of 2026

(b)remove any immovable structure whether

permanent or of temporary nature encroaching the street or

public place or the land belonging to the departments of the

Central or State Government within the municipal limit, after

issuing a show cause notice for such removal, returnable within

a period of seven days from the date of receipt, thereof :

Provided-that the Commissioner shall consider any

representation received within the time limit, before passing

final orders.

(2) whoever makes any encroachment in any land or

space (not being private property) in any public street or any

land belonging to the departments of the Central or State

Governments within the municipal limit, shall on conviction be

punished with imprisonment which shall not be less than one

year but which may ext