P.S.RATHINASABAPATHI vs THE COMMISSIONER

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
st
16.05.2025 and consequently direct the 1 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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