Madras High Court
Administrative and Public LawProperty and Real Estate Law

Aavin is eligible for municipal bus-stand premises without public tender.

Arumugam Krishnakumar .A vs The Commissioner

Madras High CourtJUDGMENT: October 06, 20262 MIN READSOURCE JUDGMENT
Aavin is eligible for municipal bus-stand premises without public tender.. Arumugam Krishnakumar .A vs The Commissioner. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner held a licence from the Thoothukudi District Cooperative Milk Producers Union Ltd. (TDCMPU) to operate an Aavin booth at the old bus stand.

Source reference: pp. 2–6

After the old bus stand was demolished, the Corporation provided a temporary site; following construction of a new commercial complex, the petitioner sought a space there to continue operating the booth.

Source reference: pp. 2–6

The Corporation did not accede to his request, and he filed this petition under Article 226 seeking consideration of his representation dated 7 October 2023.

Source reference: pp. 2–6

TDCMPU supported the request and stated that it had proposed to the Corporation that a shop be allotted to the petitioner

Source reference: pp. 2–6
02

Issues

1. Whether the petitioner could be granted space in the new bus-stand commercial complex to operate an Aavin booth under his TDCMPU licence

Source reference: pp. 6–7

2. Whether the Corporation was required to consider the petitioner’s request positively notwithstanding its position that no ground-rent space was available and that shops were generally allotted by tender

Source reference: pp. 4–5, 7
03

Law Applied

The petition invoked the High Court’s jurisdiction under Article 226.

Source reference: no citation

The judgment identifies no statutory provision or judicial precedent as the basis for its decision.

Source reference: no citation

It relied on the Corporation’s stated position that space in the shopping complex could be allotted without tender to Central or State Government departments and public-sector undertakings; the Court treated Aavin as a Tamil Nadu State Government undertaking and applied that stated allotment policy to the request

Source reference: p. 7
04

Reasoning

The Court noted that the petitioner’s booth had previously operated under a valid TDCMPU licence and that TDCMPU had recommended allotment of space in the new complex.

Source reference: pp. 4–7

Although the Corporation cited traffic constraints and the absence of available ground-rent space, the Court considered that its own stated policy permitted non-tender allotment to government departments and public-sector undertakings.

Source reference: pp. 4–7

Because it regarded Aavin as a State Government undertaking, the Court found no impediment to a positive decision on the request

Source reference: pp. 4–7
05

Holding

The Court allowed the writ petition and directed the Corporation to forthwith consider the request positively by allotting a suitable space in the new shopping complex, enabling the petitioner to operate the Aavin booth under his TDCMPU licence.

No costs were ordered; the connected miscellaneous petition was closed

Source reference: p. 7
Madras High Court

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Arumugam Krishnakumar .AvsThe Commissioner

Madras High Court · October 06, 2026

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