Mr.Ramanathan.J. v. The Punjai Pulliampatti Municipality,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-06-2026
CORAM
THE HON'BLE DR JUSTICE G. JAYACHANDRAN AND THE HON'BLE MRS.JUSTICE N. MALA Writ Petition No. 20485 of 2026 and W.M.P.Nos. 22017, 22018 & 22019 of 2026 Mr.Ramanathan.J.
..Petitioner Vs
1. The Punjai Pulliampatti Municipality, Rep.by its Commissioner, 9/135, Jawahar Main Road, Punjai Puliampatti Village, Sathyamangalam Taluk, Erode Disrict 638 459.
2. The District Collector, The Collectorate Office, Erode District.638 011.
3. The Tahsildar, Taluk Office, Near Bus Stand, Sathyamangalam Taluk, Erode District 638 401
4. The State of Tamil Nadu, Rep. by its Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai 600 009.
..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned notice dated 21/01/2026 made in Na.K.No.15/2010/ F1 issued by the 1st Respondent, quash the same and consequently direct the 1st respondent to consider the petitioner's representation/objection in respect of the impugned notice dated 21/01/2026 made in Na.Ka.No.15/2010/F1, in accordance with law.
For Petitioner:
Mr.S.Muhuselvan For Respondents:
Mr.B.Anand Standing Counsel For R1 Mr.B.Sivakollapan Government Advocate For R2 to R4
ORDER
(Order of the Court was made by Dr.G.Jayachandran J.) The petitioner herein is alleged to have put up a construction obstructing a water pass way. Hence, the Commissioner of Punjai Puliampatti Municipality caused a notice under Section 128 of the Tamil Nadu Urban Local Bodies Act, directing the writ petitioner to voluntarily remove the objectionable encroachment within three days from the date of receipt of the notice. 2.
Being aggrieved, the present writ petition has been filed seeking a Writ of Certiaraified Mandamus on the ground that the structure sought to be removed was put up by the writ petitioner long back. It is further contended that
the impugned notice was issued arbitrarily, without verifying the revenue records or affording the petitioner any opportunity of being heard. 3.
On perusing the records, we find that the petitioner has been personally informed about the encroachment and only thereafter, the impugned notice dated 21.01.2026 had been caused. The impugned notice further indicates that a report dated 13.01.2026 had already been filed regarding the said encroachment.
4.
The learned counsel appearing for the respondent/Municipality is not in a position to state whether any further action has been taken. Though five months have lapsed after causing the impugned notice, we do not find any concrete action taken by the respondent. Therefore, we dispose of the Writ Petition with a direction that after scrutinizing the report dated 13.01.2026 and conducting a resurvey of the land if necessary, the encroachment, if any, shall be removed forthwith. Consequently, the connected Miscellaneous Petitions are closed. No costs.
(G.J.,J.) (N.M.,J.) 05-06-2026 Index: Yes/No Speaking/Non-speaking order rpl
To
1. The District Collector, The Collectorate Office, Erode District.638 011.
2. The Tahsildar, Taluk Office, Near Bus Stand, Sathyamangalam Taluk, Erode District 638 401
3. The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai 600 009.
DR.G.JAYACHANDRAN J.
and N.MALA J.
rpl Writ Petition No. 20485 of 2026 and W.M.P.Nos. 22017, 22018 & 22019 of 2026 05-06-2026