S.Saravanan, vs The Director of Municipal Administration,
- Court
- Madras High Court
WP(MD) No. 30783 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29-10-2026
CORAM
THE HON'BLE MRS. JUSTICE L.VICTORIA GOWRI
WP(MD) No. 30783 of 2026
CNR:{HCMD011520452026}
WMP(MD) Nos. 23536, 23539 of 2026
1. S.Saravanan,
Shop No.1A(8)
North Side Corporation Shops Complex
Anna Bus Stand
Madurai - 625020.
2. K.Mahalakshmi
Shop No.4
North Side Corporation Shops Complex
Anna Bus Stand
Madurai - 625020.
3. M.Saravanan
S/o., Meiannan
Shopno.5
North Side Corporation Shops Complex
Anna Bus Stand
Madurai - 625020.
4. S.Balasubramanian
Shop No.8
North Side Corporation Shops Complex
Anna Bus Stand
Madurai - 625020.
5. J.krishnan
Shop No. 11
North Side Corporation Shops Complex
Anna Bus Stand
Madurai – 625020.
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WP(MD) No. 30783 of 2026
6. Megala
W/o., Marichelvam
Shop No. 12 and 13
North Side Corporation Shops Complex
Anna Bus Stand
Madurai - 625020.
7. P.Ganakavel
Shop No.9
North Side Corporation Shops Complex
Anna Bus Stand
Madurai - 625020.
8. G. Santhanaraj
Shop No.40
South Side Corporation Shops Complex
Anna Bus Stand
Madurai - 625020.
9. Ilahimoulana
Shop No. 19, 44, and 45
South Side Corporation Shops Complex,
Anna Bus Stand, Madurai - 625020.
10.K.Sudhaganesh
Shop No.42
South Side Corporation Shops Complex
Anna Bus Stand, Madurai - 625020.
11.K.Periyasamy
Shop No.43
South Side Corporation Shops Complex
Anna Bus Stand
Madurai - 625020.
12.R.Senthilkumar
Shop No.7
North Side Corporation Shops Complex, Anna
Bus Stand
Madurai – 625020.
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WP(MD) No. 30783 of 2026
13.G.Nagaraj
Shop No. 1
North Side Corporation Shops Complex
Anna Bus Stand
Madurai - 625020.
14.S.Nijamdeen
Shop No.2
North Side Corporation Shops Complex
Anna Bus Stand
Madurai - 625020.
15.Kumar Chandran
Shop No. 12
North Side Corporation Shops Complex
Anna Bus Stand
Madurai - 625020.
16.Babu
Shop No.3
North Side Corporation Shops Complex
Anna Bus Stand
Madurai - 625020.
17.Kathirvel
S/o., Kumaravel.
Shop No.9
South Side Corporation Shops Complex
Anna Bus Stand
Madurai - 625020.
..Petitioner(s)
Vs
1. The Director of Municipal Administration,
O/o, The Directorate Of Municipal
Administration,
Santhome High Road, MRC Nagar
Chennai - 600028.Chennai
2. The District Collector
Madurai.
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WP(MD) No. 30783 of 2026
3. The Commissioner
Madurai Corporation
Arignar Anna Maligai
Madurai. 3
4. The Dean
Government Rajaji Hospital
Madurai.
..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
Respondent No.1 to dispose of the Petitioners Statutory Appeal dated
05.09.2026 within the time frame stipulated by this court.
For Petitioner(s) :Mr. M.Mahaboob Fazil
for M/s.Roy And Roy Associates
For Respondent(s) :Mr.S.Sivasubramanian
- for R1, R2 & R4
Government Advocate (Civil side)
Mr.S.Vinayak – for R3
Standing Counsel
ORDER
This Writ Petition is filed seeking to issue a Writ of Mandamus
directing the Respondent No.1 to dispose of the Petitioners’ Statutory
Appeal dated 05.09.2026 within the time frame stipulated by this Court.
2. The learned counsel for the petitioners submitted that the
petitioners and several other shopkeepers have been lawfully running
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WP(MD) No. 30783 of 2026
commercial establishments in various shops belonging to Madurai
Corporation within Anna Bus Stand premises in Town survey numbers in
T.S.Nos.482/1, 482/2, 482/3, 483/1, 483/2, 483/3, 484/1, 484/2, 484/3,
464/1, 464/2, 465 and 466 in Ward No.10, Block 84, in Madurai North
Taluk, Madurai District, for many decades. However, recently the
Madurai Corporation Council approved a proposal to transfer 86 cents
comprising approximately 37,458 square feet, spread across town survey
numbers in T.S.Nos.482/1, 482/2, 482/3, 483/1, 483/2, 483/3, 484/1,
484/2, 484/3, 464/1, 464/2, 465 and 466 in Ward No.10, Block 84, in
Madurai North Taluk, Madurai District, belonging to the Madurai
Corporation at the former Anna Bus Stand site to Government Rajaji
Hospital for establishing an Integrated Regional Cancer Centre and
Critical Care Centre.
3. The learned counsel for the petitioner further submitted that
though the petitioners welcome the object of the Corporation to have a
Regional Cancer Center that would augment to the benefit of the patients
in Madurai, the Corporation ought not to have ignored the livelihood of
the shopkeepers and the employees of the petitioners who are depending
upon the shops situated in the locality. Therefore aggrieved by the said
resolution of the Madurai Corporation Council approving the land
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transfer without making any provision for alternate accommodation or
rehabilitation for the existing shopkeepers, the petitioners have preferred
a Statutory Appeal on 05.09.2026 under Rule 164 of the Tamil Nadu
Urban Local Bodies Rules, 2023 before the first respondent. The same is
pending before the first respondent without consideration. Hence this
Writ Petition.
4. The learned Government Advocate appearing for respondents 1,
2 and 4, categorically contended that the petitioner ought not to have
made any application before the first respondent.
5. The learned counsel appearing for the third respondent submitted
that no representation has been received by the third respondent.
6. Considering the fact that the period of three months has not
elapsed from the date of passing the resolution dated 24.08.2026, the
power to modify the resolution, is within the council and it is for the
Commissioner to consider the same and the petitioner ought to have made
an application before the Commissioner himself and not before the first
respondent.
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WP(MD) No. 30783 of 2026
7. In view of the rival submissions made by the parties, the
petitioners are directed to make a representation afresh before the third
respondent, in this regard and on receiving the same, the third respondent
is directed to consider the same and pass appropriate orders within a
period of two weeks from the date of receipt of a copy of this order.
8. With the above directions, this Writ Petition is disposed of. No
costs. Consequently, connected miscellaneous petitions are closed.
29-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
pnn
To
1. The Director of Municipal Administration
O/o, The Directorate Of Municipal Administration
Santhome High Road, MRC Nagar
Chennai - 600028.Chennai
2. The District Collector
Madurai
3. The Commissioner
Madurai Corporation
Arignar Anna Maligai
Madurai. 3
4. The Dean
Government Rajaji Hospital
Madurai
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WP(MD) No. 30783 of 2026
L.VICTORIA GOWRI, J.
pnn
WP(MD) No. 30783 of 2026
29-10-2026
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