IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
C. Sriraman – Appellant
Versus
Government of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. background of statutory notice issued for encroachment based on previous judicial orders. (Para 1 , 2) |
| 2. requirement for exhaustion of administrative remedy before invoking writ jurisdiction. (Para 3) |
(Order of the Court was made by S.M.Subramaniam J.)
Writ petition has been instituted challenging notice under Section 128(1)
(b) of Tamil Nadu Urban Local Bodies Act (hereinafter referred to as ‘Act’).
2. Commissioner, on receipt of complaint, regarding encroachment in water body, conducted inspection. Survey was conducted pursuant to the direction issued by this Court in WP.No.33506 of 2025. On identification of encroachment in water body, impugned notice came to be issued under Section 128(1)(b) of the Act.
3.Thus, the said notice would not provide any cause for institution of writ proceedings. However, petitioner is at liberty to submit his explanation along with the documents, if any, to defend his case. On receipt of any such notice, Commissioner, Avadi shall consider the same and thereafter, take a final decision, proceed with the enforcement action, if any encroachments are identified. The said exercise is directed to be completed within a period of 12 weeks from
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