Madras High Court
WP(MD)/31748/2026 of E.V.R.Periyar Market All Trader Association Vs The Secretary to Government on 10 November 2026
WP(MD) No. 31748 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10-11-2026
CORAM
THE HON'BLE MR.JUSTICE N.DILIP KUMAR
WP(MD) No. 31748 of 2026
CNR:{HCMD011579782026}
and W.M.P(MD)No.24413 of 2026
E.V.R.Periyar Market All Trader Association, Rep By Its President T.Ilangovan.
..Petitioner(s)
Vs
1. The Secretary to Government,
Municipal Administration and Water Supply, St. George Fort, Chennai - 600 009.
2. The Director,
Municipal Administration,
No.75,
Urban Administrative Building,
Santhom High Road,
Rajaannamalaipuram,
Chennai.
3. The Regional Director of Municipal
Administration,
No.212,
Gandhiji Road,
Thanjavur -613 001.
4. The District Collector,
Thanjavur District,
Thanjavur.
5. The Commissioner,
Thiruvaiyaru Municipality,
Thiruvaiyaru,
Thanjavur District.
WP(MD) No. 31748 of 2026
..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 3 and 4 to conduct on enquiry into the collection of advance amount for every year and rent from shopkeepers of the E.V.R. Periyar Market and the maintenance of the related accounts by the 5th respondent and consequently directing the 5th respondent to fix the rent for shops as per the PWD guidelines and not to collect advance amount every year within the time stipulated by this Court.
For Petitioner(s)
:Mr.P.Balamurugan
for Mr.N.Balakrishnan
For Respondent(s)
:Mr.T.Thirumurugan
Special Government Pleader
For R1 to R4
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ORDER
Seeking to direct the respondents 3 and 4 to conduct an enquiry into the collection of advance amount for every year and rent from shopkeepers of the E.V.R. Periyar Market and the maintenance of the related accounts by the 5th respondent and consequently directing the 5th respondent to fix the rent for shops as per the PWD guidelines and not to collect advance amount every year, this writ petition is filed.
2. The petitioner Association represents the existing shopkeepers of E.V.R. Periyar Vegetable Market, Thiruvaiyaru, who have been operating
WP(MD) No. 31748 of 2026 their shops for several decades and regularly paying rent. Following demolition and reconstruction of the market in 2021, the number of shops was reduced from 140 to 87. During reconstruction, the 5th respondent collected an advance deposit of Rs.50,000/- from each shopkeeper on the assurance that the existing shopkeepers would be allotted the newly constructed shops. The Town Panchayat, by Resolution No.203 dated 27.03.2025, resolved to allot shops to existing shopkeepers without auction. The 5th respondent Municipality subsequently demanded fresh advance deposits and rent repeatedly for successive years, contrary to the District Collector's directions. Further, the Municipality issued arbitrary and inflated rent demand notices, claiming amounts substantially higher than the actual arrears disclosed under the RTI Act. The 3rd respondent vide letter dated 26.04.2024 directed the 5th respondent to fix the rent as per PWD guidelines. However, no steps have been taken so far. Despite representation, dated 14.10.2026 and legal notice, dated 06.08.2026, no action has been taken. Hence, the petitioner Association has approached this Court.
3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate
WP(MD) No. 31748 of 2026 orders in one way or other instead of keeping the same pending indefinitely.
4. Without going into the merits of the case, this Court directs the 3rd respondent to consider the petitioner's representation, dated 14.10.2026 and pass appropriate orders, in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.
5. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 10-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gbg
WP(MD) No. 31748 of 2026 To
1. The Secretary to Government Municipal Administration and Water Supply St. George Fort Chennai - 600 009Chennai
2. The Director Municipal Administration No.75 Urban Administrative Building Santhom High Road Rajaannamalaipuram Chennai
3. The Regional Director of Municipal Administration No.212 Gandhiji Road Thanj Avur -613 001
4. The District Collector Thanj Avur District Thanj Avur
5. The Commissioner Thiruvaiyaru Municipality Thiruvaiyaru Thanjavur District
WP(MD) No. 31748 of 2026 N.DILIP KUMAR, J. gbg WP(MD) No. 31748 of 2026 10-11-2026