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The Madras High Court recently remarked that while the Greater Chennai Corporation was swift to take action against persons who fail to pay tax money, such alacrity was not being shown in providing commensurate services. [2026 LiveLaw (Mad) 492] The bench of Justice SM Subramaniam and Justice R Rajesh Vivekananthan made the observations while dealing with a plea to remove encroachment...

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The Madras High Court recently remarked that while the Greater Chennai Corporation was swift to take action against persons who fail to pay tax money, such alacrity was not being shown in providing commensurate services. [2026 LiveLaw (Mad) 492]

The bench of Justice SM Subramaniam and Justice R Rajesh Vivekananthan made the observations while dealing with a plea to remove encroachment and to stop illegal parking of vehicles in a residential road.

“When a citizen fails to remit property tax or electricity charges, the authorities are swiftly initiating coercive action, including disconnection of services, etc. However, the same alacrity is not shown in discharging their corresponding duty to provide better civic infrastructure, including encroachment-free footpaths and other minimum basic facilities,” the court observed.

The court added that the collection of property tax, water tax, etc by the Corporation comes with a duty to provide services to the people residing in the city. The court remarked that though the charges were being increased periodically, the Corporation's services was grossly inadequate.

“Collection of property tax, water tax, license fee etc. by Corporation mandates them to provide services to the people residing in the city. It is a corresponding duty vests on the authorities and failure on their part has to be viewed seriously. On the one hand, the property taxes, electricity charges, infrastructure charges, planning permission charges and other statutory levies are being enhanced periodically. On the other hand, the services provided by the Corporation, such as laying of good motorable roads, provision of encroachment-free footpaths and other basic amenities essential for public health and well-being of the citizens residing in Chennai, are found to be grossly inadequate,” the court said.

The court added that such failure on the part of the Corporation had to be viewed seriously and called for immediate attention.

The court remarked that the authorities were expected to identify important places and ensure that the footpaths are kept free from encroachment so that free flow of traffic is ensures and the public could use the footpaths.

The court noted that when the matter was taken up previously, it had directed the police department to acquire adequate number of towing vehicles and ensure that illegally parked vehicles are towed immediately. The court had also asked the Chennai Metro Development Authority and the Chennai Corporation to assess the footpath and road/street encroachments across the city and to remove the same within 6 weeks.

The court remarked that despite its previous order, no action had been taken and the Corporation as well as the police authorities were being insensitive. The court held that it would not be encouraged by the court.

“Despite the directions issued by this Court on 28.04.2025, the respective Government Counsels appearing on behalf of the Corporation as well as the Police authorities are insensitive and they are attempting to take undue advantage of listing of the matters after long intervals. Such practice, at no circumstances be encouraged by this Court,” the court said.

The court thus directed the authorities to file an action taken report as well as the proposed action initiated for providing better infrastructure facilities, encroachment-free footpaths to the benefit of the people residing in Chennai.

Counsel for Petitioner: Mr.V.B.R Menon

Counsel for Respondent: Mr. D.B.R. Prabhu Standing Counsel, Mr.M.Dinesh Government Advocate (Crl. Side), Mr.G.Abraham Prabhu Additional Government Pleader

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