A writ petition challenging a preliminary statutory notice for encroachment is premature; the aggrieved party must first submit an explanation to the authority, which is then obligated to consider such response before taking final enforcement action.

(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 the date of receipt of a copy of this order.

4. With the above observation, the writ petition is dismissed. No costs.

Consequently, the connected miscellaneous petition, if any, are closed.