Authority must consider timely representations under Section 128 before final orders and eviction.

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

The notice issued under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998, is under challenge in the present Writ Petition.

2. Admittedly, the petitioner has submitted his explanation on

13.02.2026. The grievance of the petitioner is that, before taking a final decision, the authority is attempting to evict the petitioner. It is needless to state that the procedures contemplated under Section 128 of the Tamil Nadu Urban Local Bodies Act, must be scrupulously followed by the authority. The statute mandates that any representation received within the prescribed time limit shall be considered by the authority or the officer concerned before passing final orders. Thus, the competent authority has to pass the final orders before initiating any enforcement action for the removal of encroachments.

3. In the present case, the petitioner has already submitted his representation. Thus, the respondent is directed to consider the same and pass final orders, and thereafter proceed with enforcement action, if any encroachment is identified.

4. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.