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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
M.Jayaramachandar – Appellant
Versus
The Commissioner of corporation Coimbatore Corporation – Respondent
| Table of Content |
|---|
| 1. notice under section 128 challenged; representation submitted timely. (Para 1 , 2) |
| 2. authority must consider representation before final orders. (Para 3) |
| 3. direct consideration, then enforcement if encroached. (Para 4) |
(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
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