Madras High Court

WP/25424/2025 of P.S.RATHINASABAPATHI Vs THE COMMISSIONER on 2 November 2026

W.P.No.25424 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.08.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR

W.P.No.25424 of 2025

P.S.Rathinasabapati

Petitioner(s)

Vs.

1.The Commissioner

Tiruppur Municipal Corporation Office,

Tiruppur- 641 604.

2.The Principal to the Government

Municipal Administration and Water Supply Board, Chennai, Tamil Nadu.

Respondent(s)

Prayer: This Writ Petition has been filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for records and quash the same of the respondent pertaining to Na.Ka.No.A1/ 4313/ 2024 dated 16.05.2025 and consequently direct the 1st respondent to allot Shop No.E-11

situate in Daily Market, Tirupur Old Bus Stand on preferential basis based on the Government orders bearing numbers G.O.No.92 dated 03.07.2007 and G.O.

(2U) No.66 dated 06.08.2024 issued by Department of Municipal Administration and Water Supply board.

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W.P.No.25424 of 2025

For Petitioner

: Mr.Guru Dhananjay

For Respondents

: Mr.Abishek Murthy for R1

Standing Counsel

Mr.C.Prabakaran for R2

Special Government Pleader

ORDER

The petitioner has approached this Court challenging the proceedings dated 16.05.2025 and seeking a direction to the first respondent to allot Shop No.E-11, situated in the Daily Market, Tirupur Old Bus Stand, on preferential basis in terms of G.O.No.92 dated 03.07.2007 and G.O.(2D) No.66 dated 06.08.2024.

2. The petitioner states that he was in occupation of the said shop in the old market under a valid licence. During the subsistence of the licence, the first respondent took possession of the shop for the purpose of constructing a new market complex. The petitioner further states that the new market complex has since been constructed and, therefore, he is entitled to preferential allotment of the shop in terms of the aforesaid Government Orders. However, his application was rejected by the impugned proceedings.

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W.P.No.25424 of 2025

3. Heard the learned counsel appearing for both sides.

4. Rule 316(11)(8) of the Tamil Nadu Urban Local Bodies Rules, 2023 provides that, in the case of auction for grant of licence in respect of rental shops belonging to a Municipality, the Council may, on an application by the concerned person, give preference, in cases of demolition and reconstruction, to the existing licensees of the demolished shopping complex, provided they match the highest bid and produce the necessary documents to establish their eligibility.

5. In the present case, the first respondent has not yet conducted a public auction for allotment of the said shop. Therefore, the petitioner’s request for allotment of the shop on preferential basis is premature.

6. Accordingly, the writ petition is disposed of, granting liberty to the petitioner to submit an application seeking preferential allotment of the said shop in terms of Rule 316(11)(8) of the Tamil Nadu Urban Local Bodies Rules, 2023. If the first respondent notifies the allotment of the said shop through

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W.P.No.25424 of 2025 public auction and the petitioner submits such an application, the first respondent shall consider the same in accordance with the said Rule, subject to the petitioner satisfying the prescribed conditions. There shall be no order as to costs. 17.08.2026 Index : Yes/No Speaking order : Yes/No dna To

1. The Commissioner Tiruppur Municipal Corporation Office, Tiruppur- 641 604.

2. The Principal to The Government Municipal Administration and Water Supply Board, Chennai, Tamil Nadu.

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W.P.No.25424 of 2025 HEMANT CHANDANGOUDAR.J., dna W.P.No.25424 of 2025 17.08.2026

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W.P.No.25424 of 2025 W.P.No.25424 of 2025 HEMANT CHANDANGOUDAR, J., This matter is listed today under the caption “For being mentioned” at the instance of the learned counsel for the petitioner.

2. Learned counsel for the petitioner submits that, inadvertently, a typographical error crept into paragraph Nos. 4 and 6 of the order dated 17.08.2026 in W.P. No. 25424 of 2025, wherein it has been mentioned as “Rule 316(11)(8) of the Tamil Nadu Urban Local Bodies Rules, 2023” instead of “Rule 316(11)(a) of the Tamil Nadu Urban Local Bodies Rules, 2023.”

3. In view of the above, the Registry is directed to correct paragraph Nos. 4 and 6 of the order copy in W.P. No. 25424 of 2025, dated 17.08.2026, as “Rule 316(11)(a) of the Tamil Nadu Urban Local Bodies Rules, 2023,” and to issue a fresh order copy to the parties concerned. 02.11.2026 msv Note to Registry : Upload forthwith

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W.P.No.25424 of 2025 HEMANT CHANDANGOUDAR, J., msv W.P.No.25424 of 2025 02.11.2026

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