N.Anbu v. The Commissioner

2026:MHC:637

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-02-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN N.Anbu ..Petitioner(s) Vs The Commissioner Avadi Municipal Corporation, Avadi, Chennai ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India issuing writ of Certiorari for calling for the entire records relating to the impugned order passed by the respondent in his proceedings Na.Ka.No. 8407/ 2025/F1 dated 18.11.2025 and quash the same. For Petitioner(s):

Mr.C.Prakasam For Respondent(s):

Mr.R.A.Gopinath, Standing Counsel

ORDER

(Order of the Court was made by C.Kumarappan J.) The present writ petition has been filed assailing the order of the Commissioner, in his proceedings Na.Ka.No. 8407/ 2025/F1, dated

18.11.2025 issued under Section 128(1)(b) of the Tamil Nadu Urban Local Bodies Act, 1998.

2. It is a well settled principle of law that no writ against show cause notice is maintainable, unless such notice is issued by an incompetent authority. In the case on hand, it is not the case of the petitioner that the showcause notice was issued by an incompetent authority. On the other hand, he would submit that the property belongs to him which factum is disputed by the respondent. Disputed facts cannot be gone into in a writ petition. Therefore, this Court is not inclined to entertain the present writ petition and thus, the writ petition stands dismissed. However, the petitioner is at liberty to give a reply to the notice and the authorities are directed to proceed in accordance with law. No costs. Consequently, the connected miscellaneous petition, if any, are closed.

(S.M.S.,J.) (C.K.,J.) 12-02-2026 Index: Yes/No Speaking/Non-speaking order GD To The Commissioner Avadi Municipal Corporation, Avadi, Chennai

S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

GD 12-02-2026