The Commissioner validly delegates powers to issue notices for removal of encroachments to subordinate officers for speedy enforcement, with affected persons entitled to submit explanations before action.

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

The Writ Petition has been instituted challenging the notice issued under Section 128(1)(b) of the Tamil Nadu Urban Local Bodies Act, 1998.

2. In pursuance to the order of the High Court in W.P.No.7089 of

2025 dated 05.03.2025, the authorities of Chennai Corporation in co- ordination with the revenue authority viz., Tahildar, Mambalam Taluk, conducted joint survey and identified the encroachments in street pathway. Thus, notice was issued under the provisions of Tamil Nadu Urban Local Bodies Act.

3. Learned counsel for the petitioner would mainly contend that the notice issued by the Regional Deputy Commissioner of Chennai Corporation is without jurisdiction and thus, the impugned notice is to be set aside. In this regard, the 2^nd respondent filed a counter along with the proceedings of the Commissioner, Greater Chennai Corporation dated

14.03.2025. The said proceedings is extracted hereunder:

L.C.C.No.LC1/1102/2025 Greater Chennai Corporation, Legal Cell.

Dated : 14.03.2025 Proceedings of the Commissioner, Greater Chennai Corporation Present : Thiru.J.Kumaragurubaran, I.A.S., Commissioner.

Sub : Tamil Nadu Urban Local Bodies Act, 1998, u/S 128-

Powers delegated to the Sub-ordinate Officers-Orders issued.

Order:

As per the section 129 of the Tamil Nadu Urban Local bodies Act, 1998, the power to remove encroachments form public place vested with the Commissioner and the Commissioner may issue notice.

To take speedy action to remove the encroachments form public places, the power vested with the Commissioner to issue notice u/S 128 of the Tamil Nadu urban Local bodies Act, 1998, is hereby delegated to the respective Regional deputy Commissioners.

Delegation of power to issue notice u/S 128 of the Tamil Nadu Urban Local bodies Act, 1998 Existing Delegated to The Commissioner The respective Regional Deputy Commissioners This order will take effect at once.

Commissioner.

4. The Commissioner, in exercise of powers conferred under the Act, delegated the power to issue notice to the respective Regional Deputy Commissioners for the purpose of expediting the enforcement action for removal of encroachments. Since the powers to issue notice has been delegated to the Deputy Commissioner, the ground raised regarding jurisdiction by the petitioner is untenable. However, the petitioner is at liberty to submit his explanation along with the documents, if any, in response to the impugned notice issued under Section 128 of the Act. On receipt of any such explanation, the competent authority shall consider the same, take a final decision and thereafter, proceed with the removal of encroachments by following further procedures.

5. With the above directions, the Writ Petition stands dismissed.

No costs. Consequently, connected miscellaneous petition is closed.