Lakshman v. The Regional Deputy Commissioner (South)

2026:MHC:427

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-02-2026

CORAM

THE HONOURABLE Mr.JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN Lakshman S/o. Late. Veeraraghavan, New No.2, Thiruvanmiyur, Sivagamipuram, 1st Cross Street, Thiruvanmiyur, Chennai-600 041 Petitioner(s) Vs The Regional Deputy Commissioner (South) Greater Chennai Corporation, No.115, Dr. Muthulakshmi Salai Adyar Chennai 20.

Respondent(s) For Petitioner(s):

Mr.MV.Siddharth For Respondent(s):

Mr.M.Suresh Kumar, Additional Advocate General Assisted By Ms.P.T. Rama Devi, Standing Counsel For RR1 & 2 ******

ORDER

(Order of the Court was made by S.M.Subramaniam J.) Writ on hand has been instituted challenging the notice issued under Section 128 of the Tamil Nadu Urban Local Bodies Act. 1/5

2.The main contention raised by the petitioner is that the Regional Deputy Commissioner, Greater Chennai Corporation has no powers to issue notice under Section 128 of the Tamil Nadu Urban Local Bodies Act. This being the ground raised in the writ petition to assail the impugned notice, the learned Additional Advocate General would urge this Court that under Section 57(4) of the Tamil Nadu Urban Local Bodies Act "The Commissioner may delegate any of the powers, duties or functions conferred or imposed upon or vested in him by or under this Act to the holder of any municipal office in accordance with such guidelines as may be prescribed."

3.In exercise of the powers conferred under Section 57(4) of the Tamil Nadu Urban Local Bodies Act, the Commissioner, Greater Chennai Corporation delegated the powers to the respective Regional Deputy Commissioners to initiate enforcement actions for removal of encroachments by invoking Section 128 of the Tamil Nadu Urban Local Bodies Act. The same is extracted hereunder:- 2/5

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4.Since the powers are delegated, the impugned notice cannot be said to be without jurisdiction. Therefore, the petitioner is at liberty to submit his explanations along with the documents if any to the Authorities for consideration. On receipt of the same, the same may be considered and appropriate further enforcement actions shall be continued in the manner known to law.

5.With the above observations, this writ petition stands dismissed. No costs.

(S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.) 02-02-2026 Index:Yes Speaking order Internet:Yes kmi To 1.The Regional Deputy Commissioner (South) Greater Chennai Corporation, No. 115, Dr. Muthulakshmi Salaim Adyar Chennai 20 4/5

S.M.SUBRAMANIAM J.

AND C.KUMARAPPAN J.

kmi 02-02-2026 5/5