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2026 DAILYLAW 51009 (MAD)

S.Subramaniya Bose v. The District Collector

WP(MD)/19848/2026 · 2026-07-14

M Dhandapani

Transfer Petitionbody2026

Judgment text

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W.P(MD)No.19848 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2026 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.19848 of 2026 S.Subramaniya Bose ... Petitioner(s) vs. 1.The District Collector, Tenkasi, Tenkasi District. 2.The Executive Officer, Special Grade Town Panchayat, Courtallam, Tenkasi District. ... 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 second respondent to consider the representation dated 15.06.2026 and to reallot the said shops to the petitioner in accordance with the assurance contained in the proceedings No.Na.Ka.No.125/2025/A1 dated 30.01.2026 within a time frame to be fixed by this Court. For Petitioner : Mr. A.Sekar 1/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.19848 of 2026 For R-1 : Mr. M.Mahaboob Athiff, Counsel for State For R-2 : Mr. S.Sundara Pandian O R D E R This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the second respondent to consider the representation dated 15.06.2026 and to reallot the said shop to the petitioner in accordance with the assurance contained in the proceedings No.Na.Ka.No.125/2025/A1 dated 30.01.2026 within a time frame to be fixed by this Court. 2. Heard Mr. A.Sekar, learned counsel appearing for the petitioner; Mr. M.Mahaboob Athiff, learned Counsel for the State, who takes notice on behalf of the first respondent and Mr. S.Sundara Pandian, learned counsel, who takes notice on behalf of the second respondent. 3. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 4. The learned counsel appearing for the petitioner submitted that the petitioner is the lawful lessee of a temporary shop situated near the Main Falls, Courtallam, under the control of the second respondent. The petitioner has been carrying on his business in the said shop after regularly paying the lease amount 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.19848 of 2026 fixed by the second respondent. 5. The learned counsel further submitted that the second respondent, by proceedings in Na.Ka.No.125/2025/A1 dated 30.01.2026, directed the petitioner to vacate the shop for the purpose of expansion of the car parking area and construction of a retaining wall. At the time of directing the petitioner to vacate the premises, the respondents had assured that the shop would be re-allotted to the existing lessees after completion of the said project. However, despite the completion of substantial work, the shop has not been re-allotted to the petitioner. 6. Aggrieved by the inaction of the respondents, the petitioner submitted a representation dated 15.06.2026 requesting the respondents to re-allot the shop in terms of the assurance contained in the proceedings dated 30.01.2026. Since the said representation has not been considered, the petitioner has approached this Court by filing the present writ petition. 7. Per contra, the learned counsel appearing for the second respondent submitted that the work relating to the expansion of the car parking area and construction of the retaining wall is nearing completion and would be completed 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.19848 of 2026 within 10 to 15 days. He further submitted that immediately upon completion of the work, the shop would be handed over to the petitioner, in accordance with the assurance already given by the second respondent. 8. Recording the said submission, the respondents are directed to re-allot and hand over the shop to the petitioner, in terms of the proceedings in Na.Ka.No. 125/2025/A1 dated 30.01.2026, immediately after completion of the ongoing work, as expeditiously as possible, preferably within a period of two weeks from the date of completion of the project. 9. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. 14.07.2026 NCC : Yes / No Index : Yes / No Internet : Yes TSG To 1.The District Collector, Tenkasi, Tenkasi District. 2.The Executive Officer, Special Grade Town Panchayat, 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.19848 of 2026 Courtallam, Tenkasi District. 5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.19848 of 2026 M.DHANDAPANI ,J. TSG ORDER MADE IN W.P(MD)No.19848 of 2026 DATED : 14.07.2026 6/6 https://www.mhc.tn.gov.in/judis