J.Abhimanyu v. The Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.05.2026

CORAM

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and THE HONOURABLE MS.JUSTICE R.POORNIMA and WMP(MD)Nos.10720 and 10724 of 2026 J.Abhimanyu ... Petitioner Vs.

1. The Executive Officer, Special Grade Panchayat, Nilakottai, Dindugal District.

2. The Tahsildhar, Nilakottai Taluk, Dindugal District.

...Respondents

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the order of the 1st respondent made in Na.Ka.No.128/2026/A1 dated 13.05.2026 and quash the same as it is arbitrary and illegal. For Petitioner : Mr.R.Suriyanarayanan For R1 to R3 : Mr.Gangadharan Government Advocate 1/4

ORDER

(Order of the Court was made by D.BHARATHA CHAKRAVARTHY, J.) The writ petition is filed challenging the impugned proceedings dated 13.05.2026.

2. Upon perusing the impugned proceedings, it is seen that the petitioner has been directed to remove the encroachment within seven days from the date of receipt of the notice.

3. The learned counsel for the petitioner would submit that no opportunity whatsoever was given to the petitioner before passing the impugned order.

4. When the matter came up for admission, upon query by this Court, the learned Government Advocate taking notice on behalf of the respondents, would submit that action is being taken under the Tamil Nadu Urban Local Bodies Act, 1998.

5. We have considered the rival submissions made on either side and perused the material records of the case.

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6. Even as per Section 128(1)(b) of the Tamil Nadu Urban Local Bodies Act, 1998, show cause notice ought to have been issued before passing the impugned order. In view thereof, this writ petition is ordered on the following terms:

(i) The impugned order dated 13.05.2026 shall be taken as a show cause notice issued under Section 128 of the Tamil Nadu Urban Local Bodies Act 1998.

(ii) Within three weeks from the date of receipt of the web copy of the order, the petitioner will be entitled to submit his objections and the petitioner will be entitled to take all such grounds including the one raised in the present writ petition.

(iii) Thereafter, the respondents shall consider the same and pass a speaking order and thereafter only can proceed further with the eviction. No costs. Consequently, connected miscellaneous petitions are closed. [D.B.C., J.] & [R.P., J.] Index : No 20.05.2026 : No bala 3/4

D.BHARATHA CHAKRAVARTHY , J.

and R.POORNIMA , J.

bala To

1. The Executive Officer, Special Grade Panchayat, Nilakottai, Dindugal District.

2. The Tahsildhar, Nilakottai Taluk, Dindugal District.

ORDER MADE IN DATED :

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