Case Note & Summary
The petitioners, residents of Coimbatore, filed a writ petition under Article 226 of the Constitution of India challenging a notice dated 12.08.2025 issued by the Commissioner, Coimbatore Corporation under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998, for removal of alleged encroachments. The petitioners contended that the constructions made over and above the original approved plan had been subsequently regularized and that they had submitted relevant documents to the competent authority. The High Court, comprising Justices S.M. Subramaniam and C. Kumarappan, observed that it cannot adjudicate disputed facts and that the petitioners' contentions regarding regularization must be scrutinized by the Corporation. The Court directed the petitioners to once again submit all documents and an explanation to the Commissioner, who shall consider them and take a final decision within twelve weeks. If encroachments are identified, enforcement actions must follow statutory procedures. The writ petition was dismissed with these directions, and the connected miscellaneous petition was closed.
Headnote
A) Constitutional Law - Writ Jurisdiction - Certiorarified Mandamus - High Court declined to adjudicate disputed facts regarding regularization of construction - Held that disputed facts are to be scrutinized by the competent authority, not by the High Court under Article 226 (Paras 2-3).
B) Municipal Law - Encroachment - Section 128 Tamil Nadu Urban Local Bodies Act, 1998 - Notice for removal of encroachment - Petitioners directed to submit documents to Commissioner for consideration before final decision - Held that the authority must consider documents and explanation before taking final decision on removal (Paras 2-3).
Issue of Consideration
Whether the notice issued under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998 for removal of encroachment is valid and whether the petitioners are entitled to relief before removal.
Final Decision
The writ petition was dismissed with directions that the petitioners may submit all documents and explanation to the Commissioner, Coimbatore Corporation, who shall consider them and take a final decision within twelve weeks. If encroachments are identified, enforcement actions shall follow statutory procedures. No costs. Connected WMP closed.
Law Points
- Writ of Certiorarified Mandamus
- Section 128 Tamil Nadu Urban Local Bodies Act
- 1998
- High Court cannot adjudicate disputed facts
- opportunity of hearing before removal of encroachment
Case Details
WP No. 35239 of 2025 and WMP No. 39453 of 2025
S. M. Subramaniam, C. Kumarappan
Mr.N.S.Suganthan (for petitioner), Mr.T.Arunkumar, Additional Government Pleader (for R3)
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Nature of Litigation
Writ petition challenging notice issued under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998 for removal of encroachment.
Remedy Sought
Petitioners sought a writ of Certiorarified Mandamus to quash the notice dated 12.08.2025 issued by the 1st respondent and to direct the 1st respondent to consider their representation dated 30.08.2025 before initiating removal of encroachment.
Filing Reason
Petitioners alleged that constructions over the approved plan were regularized and documents submitted, but the Corporation issued a notice for removal without considering their explanation.
Issues
Whether the notice under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998 is valid when the petitioners claim regularization of construction.
Whether the High Court can adjudicate disputed facts regarding regularization in writ jurisdiction.
Submissions/Arguments
Petitioners contended that constructions over the original approved plan were subsequently regularized and documents were produced before the competent authority.
Respondents did not appear for R1 and R2; R3 represented by Additional Government Pleader.
Ratio Decidendi
The High Court cannot adjudicate disputed facts regarding regularization of construction; such facts must be scrutinized by the competent authority. The authority must consider the petitioner's documents and explanation before taking a final decision on removal of encroachment under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998.
Judgment Excerpts
Notice issued under Section 128 of the Tamil Nadu Urban Local Bodies Act vide proceedings dated 12.08.2025 by the Commissioner, Coimbatore Corporation is under challenge in the present writ proceedings.
High Court cannot adjudicate the disputed facts.
If any encroachments are identified, then enforcement actions are to be continued and all such encroachments are to be removed by following the procedures as contemplated under the Statute and Rules in force.
Procedural History
The petitioners filed WP No. 35239 of 2025 challenging the notice dated 12.08.2025 issued by the Commissioner, Coimbatore Corporation under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998. The court heard the matter and passed the order on 02-02-2026.
Acts & Sections
- Tamil Nadu Urban Local Bodies Act, 1998: Section 128
- Constitution of India: Article 226
