Madras High Court
WP(MD)/30395/2026 of Kumar Vs The State of Tamil Nadu on 26 October 2026
WP(MD) No. 30395 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26-10-2026
CORAM
THE HON'BLE MR JUSTICE P.VELMURUGAN
AND
THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN
WP(MD) No. 30395 of 2026
CNR:{HCMD011529062026}
and
W.M.P(MD)No.23201 of 2026
Kumar
S/o.Subbiah,
No.117, Ganapathi Nagar,
Radhapuram - 627111,
Tirunelveli District.
..Petitioner(s)
Vs
1. The State of Tamil Nadu,
Represented by its The District Collector, Kanyakumari District, Nagercoil.
2. The Commissioner
Nagercoil Corporation,
Kanyakumari District.
3. The Executive Engineer
Public Works Department,
Nagercoil,
Kanyakumari District.
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the Respondents to consider and pass appropriate orders on the petitioner’s __________
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WP(MD) No. 30395 of 2026
representation dated 09.10.2026 (received on 12.10.2026) on its merits and in accordance with law, within a time frame to be fixed by this Court.
For Petitioner(s):
Mr.P.M. Vishnuvarthanan
For Respondent(s):
Mr.M.P.Senthil
Government Pleader for R1 & R3
Mr.B.Saravanan
Additional Advocate General
Assisted by
Mr.F.Deepak for R2
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ORDER
(Order of the Court was made by P.Velmurugan J.) The present writ petition has been filed seeking a Writ of Mandamus directing the respondents to consider the petitioner’s representation dated 09.10.2026 and pass appropriate orders thereon.
2. The learned counsel appearing for the petitioner would submit that the petitioner is a small trader carrying on business in Shop No. 211, situated within the market complex under the control of the second respondent Corporation. The market complex was constructed in the year 2015 and officially inaugurated for public use in the year 2017. Generally, public buildings constructed by Government authorities are designed and engineered to remain structurally sound for a period of 30 to 50 years. However, even before the completion of ten years from the date on which the market complex was opened for public use, the __________
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WP(MD) No. 30395 of 2026 respondents are proposing to demolish the existing market building and construct a new structure in its place. In this regard, the petitioner submitted a representation dated 09.10.2026. Since no action has been taken on the said representation, the petitioner has filed the present writ petition.
3. The learned Additional Advocate General appearing for the second respondent would submit that, out of the total 260 shops in the market complex, 150 shops have already been demolished for the purpose of expanding the bus stand. The area so vacated has now been earmarked for the construction of a new market complex, and shops have also been allotted to the persons whose shops were demolished.
4. In view of the above submission, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
5. While establishing public infrastructure such as bus stands, railway stations, hospitals, colleges, and other Government buildings, the authorities concerned should take into consideration not only the present requirements but also the possibility of future expansion. Adequate space __________
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WP(MD) No. 30395 of 2026 should be provided at the initial stage itself to accommodate future needs. Constructing infrastructure without making sufficient provision for expansion and subsequently demolishing it within a short period of five to ten years would result in the unnecessary wastage of public funds.
6. Therefore, it is advisable that, whenever the Government establishes public infrastructure such as bus stands, railway stations, colleges, hospitals, and other public institutions, it should ensure that sufficient land is acquired and adequate space is earmarked for future expansion. Such a forward-looking approach would help avoid premature demolition, prevent the wasteful expenditure of public money, and ensure the efficient and sustainable utilisation of public resources. (P.V.,J.) (K.K.R.K.,J.) 26-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AM __________
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WP(MD) No. 30395 of 2026 To
1. The District Collector, Kanyakumari District, Nagercoil.
2. The Commissioner Nagercoil Corporation, Kanyakumari District.
3. The Executive Engineer Public Works Department, Nagercoil, Kanyakumari District. __________
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WP(MD) No. 30395 of 2026 P.VELMURUGAN, J. AND K.K.RAMAKRISHNAN, J. AM WP(MD) No. 30395 of 2026 26-10-2026 __________
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