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Vijayachandar Vs THE STATE REP BY

Vijayachandar vs The State Rep by

Type Court Judgment Court Chennai Decided Jun 15, 2026
~2 min read
https://sooperkanoon.com/case/1470510

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Citation
Court
Chennai High Court
Judge
Decided On
Case Number
WP/22284/2026

Parties & Advocates

Appellant / Petitioner

Vijayachandar

Respondent

The State Rep by

Excerpt

.....and quash the same and consequently direct the respondent not to take any coercive action on the residential house situated at no. 17/7/1, kannan street, korukkupet,page1 of 4 washermenpet, chennai without following due process of law. for petitioner: mr.r.thirumoorthy for respondents: mr.a.c.manibharathi standing counselorder(order of the court was made by dr.g.jayachandran j.) the petitioner, being an encroacher on the land, has filed the present writ petition challenging the eviction notice issued by the greater chennai corporation. the petitioner alleges that no opportunity of being heard was given and their explanations dated 27.05.2026 and 05.06.2026 have not yet been disposed.2. further, the learned counsel appearing for the petitioner submitted that the petitioner alone was identified and victimised at the instance of the local ward councillor.3. we find no merit in the above submissions made by the petitioner.the greater chennai corporation initiated action against the unauthoirsed constructions by issuing notice under section 128 of the tamil nadu urban and local bodies act, 1998, as early as on 19.12.2025. the impugned notice for removal dated 23.05.2026 was only after identifying the encroached portion and affording opportunity to the petitioner. that apart, the plea of discrimination page2 of 4raised by the petitioner cannot be a valid ground to protect an illegal encroachment from eviction. the corporation authorities are directed to remove the illegal encroachment without any discrimination.4. with these observation, this writ petition is disposed of. consequently, the connected miscellaneous petition is closed. no costs. (dr.g.j.,j.) (n.m.,j.) index: yes/nospeaking/non-speaking orderneutral citation: yes/no rpl to 1.the commissioner, 2.the assistant executive engineer 3.the assistant engineer page3 of 4 dr.g.jayachandran j. and n.mala j. rpl and page4 of 4

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-06-2026

CORAM

THE HON'BLE DR JUSTICE G. JAYACHANDRAN AND THE HON'BLE MRS.JUSTICE N. MALA and Vijayachandar ..Petitioner Vs

1. The State Rep by The Commissioner,

2. The Assistant Executive Engineer

3. The Assistant Engineer

..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order issued by 2nd respondent vide bearing number Ma.A.4.Na.Ka.En/Sirappu/2026 dated 23.05.2026 and quash the same and consequently direct the respondent not to take any coercive action on the residential house situated at No. 17/7/1, Kannan Street, Korukkupet,

Page1 of 4 Washermenpet, Chennai without following due process of law. For Petitioner: Mr.R.Thirumoorthy For Respondents: Mr.A.C.Manibharathi Standing Counsel

ORDER

(Order of the Court was made by Dr.G.Jayachandran J.) The petitioner, being an encroacher on the land, has filed the present Writ Petition challenging the eviction notice issued by the Greater Chennai Corporation. The petitioner alleges that no opportunity of being heard was given and their explanations dated 27.05.2026 and 05.06.2026 have not yet been disposed.

2. Further, the learned counsel appearing for the petitioner submitted that the petitioner alone was identified and victimised at the instance of the Local Ward Councillor.

3. We find no merit in the above submissions made by the petitioner.

The Greater Chennai Corporation initiated action against the unauthoirsed constructions by issuing notice under Section 128 of the Tamil Nadu Urban and Local Bodies Act, 1998, as early as on 19.12.2025. The impugned notice for removal dated 23.05.2026 was only after identifying the encroached portion and affording opportunity to the petitioner. That apart, the plea of discrimination Page2 of 4

raised by the petitioner cannot be a valid ground to protect an illegal encroachment from eviction. The Corporation authorities are directed to remove the illegal encroachment without any discrimination.

4. With these observation, this Writ Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. (Dr.G.J.,J.) (N.M.,J.) Index: Yes/No

Speaking/Non-speaking order

Neutral Citation: Yes/No rpl To 1.The Commissioner, 2.The Assistant Executive Engineer 3.The Assistant Engineer Page3 of 4 DR.G.JAYACHANDRAN J. and N.MALA J. rpl and Page4 of 4

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