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2026 DAILYLAW 58535 (MAD)

Mariappan v. The Commissioner

WP(MD)/21159/2026 · 2026-07-28

M Dhandapani

Transfer Petitionbody2026

Judgment text

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W.P(MD)No.21159 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.21159 of 2026 Mariappan ... Petitioner Vs The Commissioner, Madurai City Municipal Corporation, Madurai. ... Respondent PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondent to extended the benefit of enjoying the leasehold right so as to maintain the public toilet situated in the western side of the Arapalayam bus stand, Madurai in petitioner's favour by accepting a payment of Rs.20,00,000/- (Rupees Twenty Lakhs) per year and by retaining petitioner's earning money deposit i.e., Rs.3,72,500/- (Rupees Three Lakh Seventy Two Thousand and Five Hundred) in the light of the tender awarded in petitioner favour by the respondent vide his proceedings No. A2/000600/2021 signed on 08.04.2022 and by considering petitioners representation dated 09.07.2026 by taking into consideration of 1/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.21159 of 2026 the earnest money deposit of Rs.3,72,500/- (Rupees Three Lakh Seventy Two Thousand and Five Hundred) which has been paid by the petitioner in connection with the earlier tender taken place for the said toilet and receipt of sum of Rs.20,00,000/- (Rupees Twenty Lakhs) per year while enjoying such right, on the basis of the petitioner's representation dated 09.07.2026. For Petitioner : Mr.R.Anand For Respondent : Mr.K.K.Kannan ORDER This Writ Petition has been filed seeking the issuance of a Writ of Mandamus directing the respondent to extend the benefit of the leasehold right in favour of the petitioner to continue the maintenance of the public toilet situated on the western side of the Arapalayam Bus Stand, Madurai, by accepting a lease amount of Rs.20,00,000/- (Rupees Twenty Lakhs only) per annum and by retaining the petitioner's Earnest Money Deposit of Rs. 3,72,500/- (Rupees Three Lakhs Seventy-Two Thousand and Five Hundred only), in the light of the tender awarded in the petitioner's favour by the respondent in proceedings No.A2/000600/2021, signed on 08.04.2022, and consequently to consider the petitioner's representation dated 09.07.2026, 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.21159 of 2026 taking into account the Earnest Money Deposit already paid by the petitioner in connection with the earlier tender relating to the said public toilet and the petitioner's offer to continue the lease on payment of Rs.20,00,000/- (Rupees Twenty Lakhs only) per annum. 2.By consent of the learned counsel appearing on either side, the Writ Petition is taken up for final disposal at the stage of admission itself. 3.The learned counsel appearing for the petitioner submitted that the petitioner was the successful bidder in respect of the tender for maintenance of the public toilet situated on the western side of the Arapalayam Bus Stand, Madurai, and the lease was awarded in the petitioner's favour by the respondent in proceedings No.A2/000600/2021 dated 08.04.2022. It is submitted that the petitioner had also remitted the Earnest Money Deposit of Rs.3,72,500/- (Rupees Three Lakhs Seventy-Two Thousand and Five Hundred only) and has been willing to continue the lease by paying a sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) per annum. 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.21159 of 2026 In this regard, the petitioner has submitted a representation dated 09.07.2026 requesting the respondent to permit continuation of the lease by retaining the Earnest Money Deposit already paid. Since the said representation has not been considered so far, the petitioner has approached this Court by filing the present Writ Petition. 4.The learned counsel for the petitioner further submitted that the petitioner would be satisfied if this Court issues a direction to the competent authority to consider the petitioner's representation dated 09.07.2026 and pass appropriate orders thereon within a time frame to be fixed by this Court. 5.Considering the facts and circumstances of the case, and without expressing any opinion on the merits of the petitioner's claim, this Writ Petition is disposed of with a direction to the competent authority to consider the petitioner's representation dated 09.07.2026, after affording an 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.21159 of 2026 adequate opportunity of hearing to the petitioner and to any other interested or affected parties, if any, and thereafter pass appropriate orders on merits and in accordance with law. Such exercise shall be completed as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 28.07.2026 NCC : Yes / No Index : Yes / No ps To The Commissioner, Madurai City Municipal Corporation, Madurai. 5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.21159 of 2026 M.DHANDAPANI, J. ps W.P(MD)No.21159 of 2026 28.07.2026 6/6 https://www.mhc.tn.gov.in/judis