Mahalakshmi v. The Commissioner

2026:MHC:1012

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2026 C O R A M THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.No.7439 of 2026 Mahalakshmi ... Petitioner -vs1.The Commissioner, Corporation of Coimbatore, Coimbatore.

2.The Assistant Commissioner, Central Zone, Coimbatore Corporation, Coimbatore.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to praying to issue a Writ of Certiorari, call upon the records of the order of the 1st respondent in Na.Ka.No.2758/2023/H1/MA dated 30.01.2026 and quash the same.

For Petitioner : Ms.S.Valarmathi For Respondents : Mr.D.R.Arunkumar, Standing Counsel 1/4

O R D E R

(Order of the Court was made by C.KUMARAPPAN,J.,) The Writ Petition has been filed assailing the impugned notice dated 30.01.2026 issued under Section 128 of the Tamil Nadu Urban Local Bodies Act.

2. It is the well settled principle of law that notice will not give any cause to a person to file Writ Petition, unless such notice is issued by incompetent person. In the case in hand, it is not the case of the petitioner that notice was issued by incompetent person.

3. At this juncture, the learned Standing Counsel appearing for the respondents would would submit that notice was issued only in pursuance to the directions issued by this Court in W.P.No.43954 of 2025 dated 10.12.2025.

4. Therefore, we absolutely do not find any reason to entertain the present Writ Petition, as the notice was issued in pursuance of the orders of this Court. If at all the petitioner has got any grievance in respect of the notice, he has got every right to submit his explanation to the above said 2/4

notice. If such explanation is received by the Authorities, they are bound to consider the same and thereafter proceed with the enforcement action for eviction of encroachments.

5. In the result the Writ Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. (S.M.S,J.,) (C.K,J.,) 25.02.2026 Index: Yes / No Internet: Yes / No dsa To:

1.The Commissioner, Corporation of Coimbatore, Coimbatore.

2.The Assistant Commissioner, Central Zone, Coimbatore Corporation, Coimbatore.

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S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

dsa 25.02.2026 4/4