K.THILAGARAJ Vs. COMMISSIONER, MADURANTAKAM MUNICIPALITY

JUDGEMENT

(1.) The petitioner challenges the order dtd. 3/4/2025, whereby he has been directed to remove the encroachment in T.S. No. 37, Block No. 40, Ward A, situated within the limits of Madurantakam Municipality. As per the Town Survey Land Register (TSLR), the said property corresponds to old Survey Nos. 1008/1A (part) and 1007 (part) (hereinafter referred to as "the property " for the sake of brevity).

(2.) The petitioner claims that his deceased father was in possession and enjoyment of the said property, and after his demise, the petitioner has been in possession and enjoyment thereof. He further states that he is an advocate by profession. According to the petitioner, the said property is classified as "Grama Natham " in the revenue records. The respondent Municipality had issued an order dtd. 10/10/2024 directing the removal of the alleged encroachment on the said property. Being aggrieved, the petitioner filed W.P. No. 34445 of 2024 before this Court. The Division Bench of this Court, by order dtd. 26/11/2024, disposed of the writ petition with a clarification that the impugned order shall be treated as a show cause notice. The petitioner was preserved the right to submit a reply to the show cause notice, and upon such reply, if any, the respondent Municipality was preserved the right to pass appropriate orders under Sec. 128(1)(b) of the Tamil Nadu Urban Local Bodies Act, 1998 (hereinafter referred to as "the TNULB Act").

(3.) Pursuant to the order passed by this Court, the petitioner submitted a representation to the respondent Municipality, stating that the said property is classified as Grama Natham and, therefore, the proceedings initiated by the respondent Municipality lack authority, as the provisions of the TNULB Act are not applicable. After considering the representation submitted by the petitioner, the respondent Municipality passed the impugned order.