Jamrooth Begum v. The Corporation Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.(MD) Nos.18271 & 18272 of 2025 Jamrooth Begum ... Petitioner -vsThe Corporation Commissioner O/o.The Corporation Commissioner Tiruchirappalli City ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records pertaining to the impugned eviction notice in proceedings No.Na.Ka.F1/8255/2025 (M.5), dated 08.08.2025, on the file of the respondent and quash the same as illegal consequently forbear the respondent from evicting the petitioner without following due process of law.

For Petitioner :

Mr.B.Michael Sebastin for Mr.M.Subash Chandra Bose

O R D E R

[Order of the Court was made by G.ARUL MURUGAN, J.] Heard the learned counsel for the petitioner.

2. This writ petition is filed challenging the notice, dated 08.08.2025, issued by the respondent, whereby the petitioner was directed to remove the encroachments made by her within a period of seven days.

3. Learned counsel for the petitioner submits that prior to the issuance of the impugned notice, the petitioner was not afforded with opportunity.

4. A perusal of the impugned notice reveals that the impugned notice is issued under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998. Since encroachments have been identified and the petitioner has encroached upon a portion of the road, the present impugned notice came to be issued.

5. However, considering the fact that the impugned notice dated

08.08.2025 has been issued by the respondent directing the petitioner to remove the encroachments made by her within a period of seven days, the impugned notice shall be treated as a show cause notice and the petitioner will be entitled to submit a reply to the impugned notice and on receipt of any such reply, the respondent will consider the petitioner's reply and pass final orders and take appropriate proceedings under the Act for removal of the encroachments. The entire exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above observations, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [S.M.S., J.] [G.A.M., J.] 26.08.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

S.M.SUBRAMANIAM, J.

and G.ARUL MURUGAN , J.

krk and W.M.P.(MD) Nos.18271 & 18272 of 26.08.2025