R.Lalitha v. The Secretary to the Government

O R D E R [Made by S.M.SUBRAMANIAM, J.,] The present writ petition has been instituted challenging the eviction notice issued by the Vedharanyam Municipality under Section 128(1)(a)(b) and Section 128(2) of the Tamil Nadu Urban Local Bodies Act, 1998 (Act 9 Page Nos.3/5 of 1999) [hereinafter "TNULB Act" for the sake of convenience and clarity]. The notice would indicate that the authorities, during the course of inspection, found that the petitioner has encroached upon the Municipality property, which is classified as Kulam (water body). Thus, enforcement action was initiated and notice came to be issued.

¶2The learned counsel for the petitioner would submit that the petitioner is in occupation for a long time and it is not a water body.

¶3If so, the petitioner is at liberty to submit her explanation along with documents, if any, to defend her case. In the event of receiving any such representation, the authorities shall consider the same and thereafter take a final decision to evict the encroachers from the water body by following further procedures as contemplated under the TNULB Act as well as the rules framed thereunder. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

¶4If the petitioner is a homeless poor person, she is at liberty to submit an application before the competent authority seeking an alternate accommodation. In the event of receiving any such application, the District Page Nos.4/5 Collector or the competent authority may consider and provide alternate accommodation under anyone of the Government Welfare Schemes, on merits and subject to eligibility.

¶5With the above directions and observations, the Writ Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs. (S.M.S.,J.) (K.S.,J.)

29.04.2026 Index : Yes Speaking order / Non-speaking order mk To

¶1The District Collector Salem District Salem – 636 001.

¶2The Divisional Engineer Highways Department (C&M) Salem – 636 004.

¶3The Assistant Divisional Engineer Highways Department (C&M) Sankari, Salem District. Page Nos.5/5 S. M. SUBRAMANIAM, J., and K. SURENDER, J., mk

29.04.2026

Page Nos.1/5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.04.2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER and W.M.P.Nos.18737 & 18738 of 2026 R.Lalitha W/o.Rethinam ... Petitioner vs. 1. The Secretary to the Government Revenue & Disaster Management Department Fort St.George Secretariat Chennai-600 009. 2. The District Collector Nagapattinam Nagapattinam District. 3. The Revenue Divisional Officer Vedaranyam Vedaranyam Taluk Nagapattinam District. 4. The Tahsildar Vedaranyam Vedaranyam Taluk Page Nos.2/5 Nagapattinam District. 5. The Commissioner Vedaranyam Municipality Vedaranyam Town and Taluk Nagapattinam District. … Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, to call for the records in relating to the eviction order passed by the 5th respondent, in Na.Ka.No.081/2026/F1 dated 05.03.2026 and quash the same and consequently, direct the respondents to permit the petitioner to continue in possession in Survey No.219/1, bearing Door No.19/11, Ponnangadu, Vedaranyam Town and Taluk, Nagapattinam District. For Petitioner : Mr.V.Kasinatha Bharathi For Respondents : Mr.T.Arunkumar Additional Government Pleader for R1 to R4 Mr.R.Neethiperumal Government Advocate, for R5 *****