Lakshmi Ammal Educational Trust vs The Commissioner, Coimbatore Corporation

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2026 Supreme(Online)(Mad) 29545

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
Lakshmi Ammal Educational Trust – Appellant
Versus
The Commissioner, Coimbatore Corporation – Respondent
WP No. 28714 of 2024 | WMP Nos. 31309 and 31311 of 2024

Important Points

Show cause notices under local bodies acts cannot be challenged via writ; must await final decision after response.

Subject

Civil Law - Writ Petition

Act Referred

Tamil Nadu Urban Local Bodies Act: S.128

Headnote

Under Section 128 of the Tamil Nadu Urban Local Bodies Act, a show cause notice was issued regarding alleged encroachments on lands in Astalakshmi Nagar, Kurichi Village. Petitioner challenged the notice dated 12.07.2024 via writ petition seeking quashment and restraint on interference with possession. Court held that challenging a mere show cause notice is not maintainable in writ proceedings. Key issue: Whether a show cause notice under Section 128 warrants immediate judicial intervention. Ratio decidendi: Petitioner must submit explanation to authorities; Commissioner to decide on merits within 12 weeks, following due process before any enforcement against confirmed encroachments. Writ petition dismissed without costs; connected miscellaneous petitions closed.

Advocates:
For the Appellants/Petitioners: Mr.Karthikeyan. TC for Mr.G.K.Muthukumar
For the Respondents: Mr.T.Arunkumar, Addl. Government Pleader for R1 R2

Table of Content
1. challenges notice under section 128. (Para 1)
2. directs response and decision within 12 weeks. (Para 2)

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

The Writ on hand has been instituted challenging the notice issued under Section 128 of the Tamil Nadu Urban Local Bodies Act in proceeding dated 12.07.2024.

2. The said show cause notice would not provide a cause for instituting a Writ proceeding. The petitioner is at liberty to submit his explanation along with documents, if any, to the Authorities in response to the show cause notice. Thereafter, the Commissioner, Coimbatore Corporation has to consider the explanation, if any, submitted and has to take a final decision on merits and in accordance with law and thereafter, if any, encroachments are identified and confirmed, enforcement actions are to be continued to remove the encroachments by following all further procedures as contemplated under law. The said exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

3. With these observations, this Writ Petition is dismissed. No costs.