Krishnakumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)Nos.14055 to 14057 of 2025 Krishnakumar ... Petitioner Vs.

1.The District Collector, Collectorate Campus, Kanyakumari District at Nagercoil.

2.The Executive Officer, Valvachagostam Town Panchayat-I Grade, Kalkulam Taluk, Kanyakumari District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned notice issued by the 2nd respondent in his proceedings in Na.Ka.No.158/2024/A1, dated 03.06.2025 under Section 128(1)(b) & (2)3 of Tamil Nadu Urban Local Bodies 1/4

Act, 1998 and quash the same as illegal and consequently, to direct the respondents by providing fair opportunity of being heard by following the procedures enumerated under Tamil Nadu Urban Local Bodies Act 1988. For Petitioner : Mr.R.Murugan For Respondents : Mr.S.P.Maharajan, Special Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The notice dated 03.06.2025 issued by the 2nd respondent under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1988 is under challenge in this Writ Petition.

2.In response to the notice, the petitioner has also submitted his explanation on 08.06.2025. Thus, the authorities competent have to look into the explanation submitted by the petitioner and thereafter, take a final decision, continue the enforcement action for removal of the encroachment or unauthorized construction, if any noticed. The said exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. 2/4

3.With the above observation, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S., J.) & (A.D.M.C., J.) 07.07.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector, Collectorate Campus, Kanyakumari District at Nagercoil.

2.The Executive Officer, Valvachagostam Town Panchayat-I Grade, Kalkulam Taluk, Kanyakumari District.

3/4

S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

Yuva 07.07.2025 4/4