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2026 Supreme(Online)(Mad) 25019

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. SUBRAMANIAM, K. SURENDER, JJ
M.Lakshmi – Appellant
Versus
The Commissioner Greater Chennai Corporation – Respondent
W.P.No.11297 of 2026



Advocates:
For the Appellants/Petitioners: Ms.S.Prathibaa
For the Respondents: Mr.P.Dinesh Kumar Standing Counsel for R1 to R4

A petitioner must establish a legal right to contest administrative notices under local body statutes; failure results in dismissal of the petition.

Headnote:This writ petition challenges a notice issued under Section 128(1)(b) of the Tamil Nadu Urban Local Bodies Act, alleging no encroachment. The court found that the petitioner did not establish any legal right against the notice and dismissed the petition. The key issue was whether the notice was valid given the petitioner’s claims. The court concluded that no entitlement against the notice existed, dismissing the writ petition, followed by a closure of related miscellaneous petitions.

Table of Content
1. writ petition dismissed for lack of legal standing (Para 6)

O R D E R

[Made by S.M.SUBRAMANIAM, J., The notice issued under Section 128(1)(b) of The Tamil Nadu Urban Local Bodies Act, 1998 (Act 9 of 1999) [hereinafter “TNULB Act” for the sake of convenience and clarity] dated 19.01.2026 is under challenge in the present writ petition.

2. The learned counsel for the petitioner would submit that the petitioner is not an encroacher but submitted her representation in response to the impugned notice dated 19.01.2026.

3. The learned Standing Counsel for the respondents 1 to 4 would submit that procedures as contemplated under Section 128 of the TNULB Act are being scrupulously followed by affording opportunity to the encroachers.

4. In the present case, the petitioner has already submitted her representation, which is to be considered by the competent authority and thereafter a final decision is to be taken. If any encroachments are identified, the same shall be removed by following procedures as contemplated under the provisions of the TNULB Act. The authorities, after taking a final decision, shall proceed with the enforcement actions for removal of encroachment.

5. It is brought to the notice of this Court that another encroacher namely, M.Lakshmi, in the same locality had filed a writ petition in W.P.No.10682 of 2026 and the said writ petition was dismissed by this Court on 23.03.2026.

6. In view of the fact that the petitioner has not established any legal right and more so, no right against the show cause notice is entertainable, the Writ Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

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