IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-06-2026
CORAM
THE HON'BLE DR JUSTICE G. JAYACHANDRAN
AND
THE HON'BLE MRS.JUSTICE N. MALA
Writ Petition No. 21183 of 2026
and
W.M.P.No. 22920 of 2026
P.Pandurangan
..Petitioner
Vs
1. The District Collector
Kallakurichi District.
2. The Commissioner
Thirukoilur Municipality,
Thirukoilur.
..Respondents
For Petitioner: Mrs.R.Poornima
For Respondents: Mr.B.Sivakollapan
Government Advocate For R1 and R2
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, call for records on the file of the 2nd respondent in proceedings Na.Ka. 124/ F1/2025 dated 29.05.2026 and quash the same as illegal, incompetent and without jurisdiction and thereby render justice.
ORDER
(Order of the Court was made by Dr.G.Jayachandran J.)
This Writ Petition has been filed challenging the notice issued for removal of encroachment under Section 1 of the Tamil Nadu Urban Local Bodies Act, 1998, as amended by Tamil Nadu Act 35 of 2022.
2. According to the petitioner, the respondents, without conducting a proper survey of the land, erroneously identified that the building constructed by the petitioner encroaches upon an extent of 185 sq.ft and has caused the impugned notice, which is contrary to the principles of natural justice.
3. The learned Government Advocate appearing for the respondents submitted that pursuant to the order passed by this Court in W.P.No.27762 of 2025 dated 11.08.2025, a survey was conducted in the presence of the petitioner on 06.01.2026. On identifying the encroached portion, a show cause notice was issued to the petitioner granting 15 days time to respond. The petitioner failed to submit any explanation within the stipulated time. Thereafter, the respondents issued the present notice dated 29.05.2026, which is impugned in this writ petition, granting 24 hours’ time to submit objections if any. Instead of submitting objections despite an opportunity being given, the petitioner filed the present writ petition filed.
4. On perusing the records, we find that the submissions made by the learned Government Advocate are correct. Instead of participating in the enquiry despite having knowledge of the proceedings, the petitioner has raised a vague plea of violation of the principles of natural justice, which is factually incorrect. Hence, this Writ Petition stands dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs.
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