Case Note & Summary
The present writ petition was filed by M.Annamalai challenging a final notice dated 19.09.2025 issued under Section 128(1)(b)(2) of the Tamil Nadu Urban Local Bodies Act, 1998 by the Commissioner, Villupuram Municipality. The dispute concerns an alleged encroachment measuring 15" X 15" in Visvalinga Pather Layout Road, Villupuram. This was the second round of litigation. Initially, the third respondent A.Sivaji filed WP.No.18069 of 2025 seeking removal of encroachment, and this Court on 03.06.2025 directed a survey and action if encroachment found. A notice under Section 128 was issued on 18.07.2025, and the petitioner submitted a representation on 28.07.2025. The petitioner then filed WP.No.31066 of 2025 challenging that notice, which was disposed of by a Division Bench on 20.08.2025, granting further opportunity to submit representation. Thereafter, a survey confirmed the land was a 'street' in the layout, and a final notice dated 19.09.2025 was issued. The petitioner challenged this notice in the present writ petition. The court found that the petitioner had been given multiple opportunities to submit representation, both by the authorities and by the court. The impugned notice showed the land was a public street, and the petitioner failed to establish any legal right. The court held the petition to be re-litigation and dismissed it, directing the respondents to complete eviction within four weeks.
Headnote
A) Civil Procedure - Re-litigation - Abuse of Process - Petitioner challenged final notice under Section 128(1)(b)(2) of Tamil Nadu Urban Local Bodies Act, 1998 after earlier writ petition was disposed of with opportunity to submit representation - Court held that the present petition is re-litigation and an attempt to re-adjudicate the issue already considered by the Court in WP.No.31066 of 2025 - Held that the petitioner has not established even a semblance of legal right for relief (Paras 2-3).
B) Property Law - Encroachment on Public Street - Removal - Subject portion of land was identified as 'street' for public usage in a layout - Court held that encroachment on public street must be removed - Held that respondents are directed to continue enforcement action and evict encroachers within four weeks (Para 3).
Issue of Consideration
Whether the writ petition challenging the final notice under Section 128(1)(b)(2) of the Tamil Nadu Urban Local Bodies Act, 1998 is maintainable as re-litigation when the issue was already decided in a previous writ petition.
Final Decision
The writ petition is dismissed. The respondents 1 and 2 are directed to continue the enforcement action and conclude the same by evicting the encroachers from the subject property within a period of four weeks from the date of receipt of a copy of this order.
Law Points
- Re-litigation barred
- Encroachment on public street
- No semblance of legal right
- Opportunity of hearing afforded
- Section 128 Tamil Nadu Urban Local Bodies Act 1998
Case Details
2026 LawText (MAD) (01) 190
S. M. Subramaniam, C.Kumarappan
Ms.Aksharaa.G. for Mr.S.Mohamed Uduman (Petitioner), Mrs.S.Indhu Bala (AGP for R1), Mr.T.Arun Kumar (AGP for R2), Mr.S.Baskaran (for R3)
The Commissioner, Villupuram Municipality; The Tahsildar, Villupuram Taluk; A.Sivaji
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a writ of Certiorari to quash a final notice under Section 128(1)(b)(2) of the Tamil Nadu Urban Local Bodies Act, 1998.
Remedy Sought
Petitioner sought to quash the final notice dated 19.09.2025 issued by the first respondent.
Filing Reason
Petitioner challenged the final notice alleging it was illegal, arbitrary and non-est in law, claiming no opportunity was given to defend his case.
Previous Decisions
Earlier, WP.No.31066 of 2025 filed by the petitioner challenging a notice dated 18.07.2025 was disposed of by a Division Bench on 20.08.2025, granting further opportunity to submit representation. Also, WP.No.18069 of 2025 filed by the third respondent resulted in an order dated 03.06.2025 directing survey and action.
Issues
Whether the present writ petition is maintainable as re-litigation when the issue was already considered in WP.No.31066 of 2025.
Whether the petitioner has any legal right over the subject land which is identified as a public street.
Submissions/Arguments
Petitioner argued that no opportunity was given to defend his case.
Respondents submitted that survey confirmed the land is a 'street' for public usage and that the petitioner was given multiple opportunities to submit representation.
Ratio Decidendi
A writ petition challenging a final notice under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998 is not maintainable when the issue has already been adjudicated in a previous writ petition and the petitioner has been afforded multiple opportunities to submit representation. The petitioner must establish a semblance of legal right to obtain relief, which was not done when the land was identified as a public street.
Judgment Excerpts
The present writ petition is a re-litigation and the petitioner is attempting to re-adjudicate the issue already considered by this Court elaborately in WP.No.31066 of 2025.
The petitioner has not established even a semblance of legal right for the purpose of considering the relief.
Procedural History
1. Third respondent filed WP.No.18069 of 2025 seeking removal of encroachment; Court ordered survey on 03.06.2025. 2. Notice under Section 128 issued on 18.07.2025. 3. Petitioner submitted representation on 28.07.2025. 4. Petitioner filed WP.No.31066 of 2025 challenging the notice; disposed of on 20.08.2025 with opportunity to submit representation. 5. Survey conducted; land identified as street. 6. Final notice dated 19.09.2025 issued. 7. Present writ petition filed challenging the final notice.
Acts & Sections
- Tamil Nadu Urban Local Bodies Act, 1998: 128, 128(1)(b)(2)
- Constitution of India: Article 226
