Hindu Nadar Uravinmurai Mahamai Committee Represented By Its President v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)Nos.23189, 23190 and 23191 of 2025 Hindu Nadar Uravinmurai Mahamai Committee, Represented by its President, S.Vanniyaraj.

... Petitioner Vs.

1.The District Collector, Collectorate, Tenkasi District.

2.The Commissioner, Puliangudi Municipality, Puliangudi, Tenkasi.

... 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 of the impugned order issued by the 2nd Respondent herein in his proceedings in Na.Ka.1577/2014/F1 dated 25.09.2025 and quash the same as illegal.

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For Petitioner : Mr.Sricharan Rangarajan, Senior Counsel, For Mr.D.Nallathambi For Respondents : Mr.C.Venkatesh Kumar Spl. Government Pleader for R1.

Mr.M.Rajarajan for R2

ORDER

Heard both sides.

2.The petitioner challenges the impugned order dated 25.09.2025 issued by the Commissioner, Puliangudi Municipality. 3.Though the impugned communication is styled as notice, it is actually an order calling upon the petitioner to remove the encroachment in question. It has been issued under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998. As per Section 128(1)(b) of the Act, before removing any such encroachment, show cause notice has to be issued. Admittedly, show cause notice was not issued. On this sole ground, the impugned order is set aside and the matter is remitted to the file of the second respondent. The second respondent shall adhere to the 2/4

procedures prescribed in the aforesaid statutory provision. 4.With the aforesaid direction to the second respondent, this writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed.

(G.R.S.J.,) & (B.P.J.,) 30.10.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Collectorate, Tenkasi District.

2.The Commissioner, Puliangudi Municipality, Puliangudi, Tenkasi.

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 30.10.2025 4/4