A.Mydeen v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P.(MD)No.11920 of 2026 A.Mydeen ... Petitioner vs.

1.The Commissioner, Madurai Corporation, Madurai.

2.The General Manager, Madurai District Milk Producer Coop Society (Aavin), Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari to call for the records of the impugned notice in A5/014769/2025 dated 08.05.2026 on the file of the first respondent and quash the same.

For Petitioner :Mr.S.Jaya Vasanthan For R1 :Mr.K.Sivabalan For R2 :Mrs.J.Devasena ***** 1/4

O R D E R

The petitioner challenges the notice dated 08.05.2026 issued by the first respondent under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998, whereby the first respondent proposes to evict the petitioner from the premises situated at Ellis Nagar, 70 Feet Road, ZoneIII, Madurai Corporation. 2.Learned counsel appearing for the petitioner submits that the impugned notice is contrary to Section 128(1)(b) ) of the Act, which mandates issuance of a show-cause notice and consideration of the explanation of the occupant before any order of eviction is passed or coercive action is taken.

3.Learned counsel appearing for the respondent Corporation submits that the impugned notice may be treated as a show-cause notice and that the Corporation will take a final decision only after considering the explanation to be submitted by the petitioner. The said submission is placed on record.

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4.In view of the aforesaid submission, no further adjudication is required at this stage. Accordingly, the writ petition stands disposed of with the following directions:

(i) The petitioner shall treat the impugned notice dated 08.05.2026 as a show-cause notice and submit his explanation/objections to the first respondent within a period of seven (7) days from the date of receipt of a copy of this order;

(ii) Upon receipt of such explanation, the first respondent shall consider the same and pass appropriate orders on merits and in accordance with law;

(iii) Until the explanation submitted by the petitioner is considered and a final order is passed thereon, no coercive action shall be taken against the petitioner, provided the explanation is submitted within the time stipulated above.

5.There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

Index :Yes / No 12.06.2026 NCC :Yes / No cmr 3/4

HEMANT CHANDANGOUDAR, J.

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