Case Note & Summary
The present writ petition was instituted by 14 petitioners, residents of Periyar Nagar, Thazhaiyatham Puthiya Colony, Gudiyatham, challenging an eviction notice dated 29.11.2023 issued by the Commissioner, Gudiyatham Municipality, under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998, along with consequential notices dated 02.02.2026. The petitioners sought to quash these notices and direct the respondents to grant house site patta in T.S.No.792/57. The court examined the impugned notice and found that it did not specify the period within which the petitioners were required to comply with the notice and the consequences of failure to comply, as required under Section 128 of the Act. The court held that the notice was not in conformity with the statutory requirements and therefore quashed the same. However, the court granted liberty to the respondents to issue a fresh notice in accordance with law. The court also directed the petitioners to submit a representation to the respondents for grant of house site patta, and directed the respondents to consider such representation in accordance with law. The writ petition was disposed of with these directions.
Headnote
A) Municipal Law - Eviction Notice - Section 128 Tamil Nadu Urban Local Bodies Act, 1998 - Validity of Notice - The court considered whether the eviction notice issued by the Commissioner, Gudiyatham Municipality, complied with the requirements of Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998. The court held that the notice did not specify the period within which the petitioners were required to comply and the consequences of failure, and therefore quashed the notice. (Paras 1-6)
Issue of Consideration
Whether the eviction notice issued under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998 is valid and in conformity with the statutory requirements.
Final Decision
The court quashed the impugned eviction notice dated 29.11.2023 and consequential notices dated 02.02.2026, with liberty to the respondents to issue a fresh notice in accordance with law. The court also directed the petitioners to submit a representation for grant of house site patta, and directed the respondents to consider such representation in accordance with law. The writ petition was disposed of.
Law Points
- Section 128 of Tamil Nadu Urban Local Bodies Act
- 1998 requires notice to specify period for compliance and consequences of failure
- Notice must be in conformity with statutory requirements
- Writ petition maintainable against illegal eviction notice
