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Madras High CourtWP/10260/2023dismissed

K.Kala v. The Executive Engineer, Zone - Viii

2026-03-23Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice K. Surender5 pages

2026:MHC:1202

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2026 C O R A M THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.SURENDER and WMP.Nos.10418 & 10422 of 2023 1.K.Kala 2.K.Devi ... Petitioners -vs1.The Executive Engineer, Zone - VIII, Greater Chenani Corporation, 36B, Pulla Avenue, Shenoy Nagar, Chennai - 600 030.

2.The Tamil Nadu Urban Habitat Development Board, Rep. by its Chairman, Chennai - 600 005.

3.The Tahsildar, Egmore - Nungambakkam Taluk, Chennai - 600 031.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to praying to issue a Writ of Certiorarified Mandamus, to call for the entire records pertaining to the impugned Sho Cause Notice vide proceedings in Z.O.VIII.C.No./1581/2023 dated 17.03.2023 on the file of the 1st respondent 1/5

in respect of land and building (GramaNatham House Site) sitauted at Plot No.5, Block No.0024, Survey No.77, Kamarajar Street, Thillaiyadi Valliammai Nagar, Anna Nagar, Chennai - 600 040 and quash the same and consequently forbear the respondents from proceeding further in pursuant to the said proceedings dated 17.03.2023. For Petitioners : Mr.D.Sathiyaseelan For Respondents : Mrs.S.B.Nirmalatha for Mr.N.R.Ramesh Kanna, Standing Counsel for R1 Mr.B.Balaji, Standing Counsel for R2 Mr.T.Arunkumar, Addl. Govt. Pleader for R3

O R D E R

(Order of the Court was made by S.M.SUBRAMANIAM,J.,) The show cause notice issued by the competent Authority of Chennai Corporation dated 17.03.2023 is under challenge in the present Writ proceedings.

2. The show cause notice would provide no cause for institution of Writ proceedings. The petitioners on receipt of notice are at liberty to submit their explanation along with documents, if any. On receipt of any such explanation, the respondents have to consider the same and 2/5

thereafter take a final decision and proceed with the enforcement action for removal of encroachments. The procedures as contemplated for eviction of encroachments are to be followed.

3. In the present case, since the Writ Petition has been instituted challenging the show cause notice, this Court is not inclined to entertain the Writ petition. However, the petitioners are at liberty to submit their explanation within a period of 10 days from the date of receipt of a copy of this order and if any, explanation is received, the same shall be considered by the Authorities and thereafter a final decision is to be taken. If any encroachments are identified, they shall proceed with the eviction of encroachments. The entire exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

4. Accordingly, this Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. (S.M.S.,J.) (K,S.,J.) 23.03.2026 Index: Yes / No Internet: Yes / No dsa 3/5

To:

1.The Executive Engineer, Zone - VIII, Greater Chenani Corporation, 36B, Pulla Avenue, Shenoy Nagar, Chennai - 600 030.

2.The Chairman, Tamil Nadu Urban Habitat Development Board, Chennai - 600 005.

3.The Tahsildar, Egmore - Nungambakkam Taluk, Chennai - 600 031.

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S.M.SUBRAMANIAM, J.

AND K.SURENDER, J.

dsa 23.03.2026 5/5