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2026 DAILYLAW 60280 (MAD)

R.ALAGU v. The District Collector

WP/26900/2026 · 2026-08-06

Hemant Chandangoudar

Transfer Petitionbody2026

Judgment text

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WP No. 26900 of 2026 __________ Page1 of 13 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR WP Nos. 26900, 26940, 26946, 26935, 26938, 26943, 26936, 26939, 26942, 26944, 26947 of 2026 and WMP Nos. 29441, 29442, 29499, 29504, 29509, 29512, 29490, 29491, 29495 29497, 29501, 29502, 29492, 29493, 29494, 29496, 29498, 29500, 29505, 29506, 29508 & 29510 of 2026 R.Alagu, S/o Ramanathan, No 30-90A, Government Hospital Road, Yercaud, Salem 636 601. ..Petitioner(s) Vs 1. The District Collector, District Collector’s Office, Collectorate Campus, Fort Main Road, Salem. 2. The Commissioner, Yercaud Panchayat Union, Yercaud, Salem District. ..Respondent(s) WP No. 26940 of 2026 J. Savarinathan S/o Joseph, No 29/5, Murugan Nagar, Yercaud, Salem 636 601. ..Petitioner(s) Vs https://www.mhc.tn.gov.in/judis WP No. 26900 of 2026 __________ Page2 of 13 1. The District Collector District Collector’s Office, Collectorate Campus, Fort Main Road, Salem. 2. The Commissioner Yercaud Panchayat Union, Yercaud, Salem District. ..Respondent(s) WP No. 26946 of 2026 S. Ancilla, W/o Subramani, 5/120A BTR Nagar, Masinaickenpatty, Salem 636 103. ..Petitioner(s) Vs 1. The District Collector, District Collector’s Office, Collectorate Campus, Fort Main Road, Salem. 2. The Commissioner, Yercaud Panchayat Union, Yercaud, Salem District. ..Respondent(s) WP No. 26935 of 2026 D.Ilavarsi, W/o. Devadas, 631/4 Bedford Road, Yercaud, Salem 636 601. ..Petitioner(s) Vs https://www.mhc.tn.gov.in/judis WP No. 26900 of 2026 __________ Page3 of 13 1. The District Collector District Collector’s Office, Collectorate Campus, Fort Main Road, Salem. 2. The Commissioner, Yercaud Panchayat Union, Yercaud, Salem District. ..Respondent(s) WP No. 26938 of 2026 R.Balaji, S/o. Rajaram, No. 29/39A, Doctor Muthulakshmi Street, Jothi Nagar, Attur, Salem 636102. ..Petitioner(s) Vs 1. The District Collector, District Collector’s Office, Collectorate Campus, Fort Main Road, Salem. 2. The Commissioner, Yercaud Panchayat Union, Yercaud, Salem District. ..Respondent(s) WP No. 26943 of 2026 S.Karthik S/o. Subramani, No. 65 Annai Sathiya Street, Pillaiyar Kovil Vadapuram, V.V.Nagar, Karur 639 006. ..Petitioner(s) Vs https://www.mhc.tn.gov.in/judis WP No. 26900 of 2026 __________ Page4 of 13 1. The District Collector District Collector’s Office, Collectorate Campus, Fort Main Road, Salem. 2. The Commissioner Yercaud Panchayat Union, Yercaud, Salem District. ..Respondent(s) WP No. 26936 of 2026 R.Arun S/o.Raji, No.4/71,Ondikadai, Yercaud, Salem-636 601. ..Petitioner(s) Vs 1. The District Collector District Collector’s Office, Collectorate Campus, Fort Main Road, Salem. 2. The Commissioner Yercaud Panchayat Union, Yercaud, Salem District. ..Respondent(s) WP No. 26939 of 2026 V.Priya, D/o.Venkatachalam, No.39, School Street, Narahingapuram, Attur, Salem-636 108. ..Petitioner(s) Vs https://www.mhc.tn.gov.in/judis WP No. 26900 of 2026 __________ Page5 of 13 1. The District Collector District Collector’s Office, Collectorate Campus, Fort Main Road, Salem. 2. The Commissioner Yercaud Panchayat Union, Yercaud, Salem District. ..Respondent(s) WP No. 26942 of 2026 S.Naveenkumar, S/o.Sathasivam, No.130/76, Kamaraj Nagar, VTC Pothanur post, Paramathivelur, Namakkal. ..Petitioner(s) Vs 1. The District Collector, District Collector’s Office, Collectorate Campus, Fort Main Road, Salem. 2. The Commissioner Yercaud Panchayat Union, Yercaud, Salem District. ..Respondent(s) WP No. 26944 of 2026 K.Muthukumar, S/o.Karuppiah, No.30-90A1, Yercaud Town, Yercaud Post, Yercaud, Salem-636 601. ..Petitioner(s) Vs https://www.mhc.tn.gov.in/judis WP No. 26900 of 2026 __________ Page6 of 13 1. The District Collector District Collector’s Office, Collectorate Campus, Fort Main Road, Salem. 2. The Commissioner Yercaud Panchayat Union, Yercaud, Salem District. ..Respondent(s) WP No. 26947 of 2026 E.Chinnapparaj, S/o.Etti, 29/77-H, Murugan Nagar, Yercaud, Salem-636 602. ..Petitioner(s) Vs 1. The District Collector District Collector’s Office, Collectorate Campus, Fort Main Road, Salem. 2. The Commissioner Yercaud Panchayat Union, Yercaud, Salem District. ..Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by 2nd Respondent vide his proceedings in Na.Ka. No 103/ 2026 / A6 dated 29.05.2026 quash the same as illegal, incompetent, ultravires and consequently direct the respondent to complete the work in the shop No 51 Sandapettai Commercial Complex, yercaud, Salem District and handover the same to the petitioner within a time period to be fixed by this Hon’ble Court. WP No. 26940 of 2026 PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order https://www.mhc.tn.gov.in/judis WP No. 26900 of 2026 __________ Page7 of 13 passed by 2nd Respondent vide his proceedings in Na.Ka. No 103/ 2026 / A6 dated 29.05.2026 quash the same as illegal, incompetent, ultravires and consequently direct the respondent to complete the work in the shop No 58 Sandapettai Commercial Complex, yercaud, Salem District and handover the same to the petitioner within a time period to be fixed by this Hon’ble Court. WP No. 26946 of 2026 PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by 2nd Respondent vide his proceedings in Na.Ka. No 103/ 2026 / A6 dated 29.05.2026 quash the same as illegal, incompetent, ultravires and consequently direct the respondent to complete the work in the shop No 55 Sandapettai Commercial Complex, yercaud, Salem District and handover the same to the petitioner within a time period to be fixed by this Hon’ble Court. WP No. 26935 of 2026 PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by 2nd Respondent vide his proceedings in Na.Ka. No 103/ 2026 / A6 dated 29.05.2026 quash the same as illegal, incompetent, ultravires and consequently direct the respondent to complete the work in the shop No 57 Sandapettai Commercial Complex, Yercaud, Salem District and handover the same to the petitioner within a time period to be fixed by this Hon’ble Court. WP No. 26938 of 2026 PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by 2nd Respondent vide his proceedings in Na.Ka. No 103/ 2026 / A6 dated 29.05.2026 quash the same as illegal, incompetent, ultravires and https://www.mhc.tn.gov.in/judis WP No. 26900 of 2026 __________ Page8 of 13 consequently direct the respondent to complete the work in the shop No 50 Sandapettai Commercial Complex, Yercaud, Salem District and handover the same to the petitioner within a time period to be fixed by this Hon’ble Court. WP No. 26943 of 2026 PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by 2nd Respondent vide his proceedings in Na.Ka. No 103/ 2026 / A6 dated 29.05.2026 quash the same as illegal, incompetent, ultravires and consequently direct the respondent to complete the work in the shop No 49 Sandapettai Commercial Complex, Yercaud, Salem District and handover the same to the petitioner within a time period to be fixed by this Hon’ble Court. WP No. 26936 of 2026 PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by 2nd Respondent vide his proceedings in Na.Ka. No 103/ 2026 / A6 dated 29.05.2026 quash the same as illegal, incompetent, ultravires and consequently direct the respondent to complete the work in the shop No 56 Sandapettai Commercial Complex, yercaud, Salem District and handover the same to the petitioner within a time period to be fixed by this Hon’ble Court. WP No. 26939 of 2026 PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by 2nd Respondent vide his proceedings in Na.Ka. No 103/ 2026 / A6 dated 29.05.2026 quash the same as illegal, incompetent, ultravires and consequently direct the respondent to complete the work in the shop No 52 Sandapettai Commercial Complex, yercaud, Salem District and handover the same to the petitioner within a time period to be fixed by this Hon’ble Court. https://www.mhc.tn.gov.in/judis WP No. 26900 of 2026 __________ Page9 of 13 WP No. 26942 of 2026 PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by 2nd Respondent vide his proceedings in Na.Ka. No 103/ 2026 / A6 dated 29.05.2026 quash the same as illegal, incompetent, ultravires and consequently direct the respondent to complete the work in the shop No 59 Sandapettai Commercial Complex, yercaud, Salem District and handover the same to the petitioner within a time period to be fixed by this Hon’ble Court. WP No. 26944 of 2026 PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by 2nd Respondent vide his proceedings in Na.Ka. No 103/ 2026 / A6 dated 29.05.2026 quash the same as illegal, incompetent, ultravires and consequently direct the respondent to complete the work in the shop No.54, Sandapettai Commercial Complex, Yercaud, Salem District and handover the same to the petitioner within a time period to be fixed by this Hon’ble Court. WP No. 26947 of 2026 PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by 2nd Respondent vide his proceedings in Na.Ka. No 103/ 2026 / A6 dated 29.05.2026 quash the same as illegal, incompetent, ultravires and consequently direct the respondent to complete the work in the shop No.53, Sandapettai Commercial Complex, Yercaud, Salem District and handover the same to the petitioner within a time period to be fixed by this Hon’ble Court. https://www.mhc.tn.gov.in/judis WP No. 26900 of 2026 __________ Page10 of 13 In all W.Ps For Petitioner(s): Ms.R.S.Maitreya For Respondent(s): Mr.C.Prabakaran, SGP for R1 Mr.M.Sivavarthanan, SGP for R2 Common Order The petitioners in these Writ Petitions challenge the similar notices dated 29.05.2026 issued by the second respondent, cancelling the allotment of shops in their favour and calling upon them to receive the amounts deposited by them. 2. The second respondent issued a notice inviting bids for allotment of shops through public auction. The petitioners participated in the auction and became successful bidders. The allotment of the respective shops was confirmed and allotment orders were also issued in their favour for the period from 01.06.2026 to 31.03.2027. However, the second respondent contends that vacant possession of the shops was not handed over to the petitioners, as the construction of the shopping complex in which the shops are situated is yet to be completed. The second respondent has also stated that there were certain irregularities in the conduct of the auction and, therefore, proposes to issue a fresh public notice in accordance with law. 3. Heard the learned counsel appearing for the parties. https://www.mhc.tn.gov.in/judis WP No. 26900 of 2026 __________ Page11 of 13 4. Admittedly, the impugned notices were issued without providing an opportunity of hearing to the petitioners. The allotment of the shops had already been made in favour of the petitioners and, therefore, cancellation of the allotment would have civil consequences. The second respondent ought to have given an opportunity of hearing to the petitioners before cancelling the allotment. Failure to do so has resulted in violation of the principles of natural justice. Therefore, the impugned notices can be treated as show cause notices. 5. Accordingly, these Writ Petitions are disposed of with the following directions: (i) The petitioners shall treat the impugned notices as show cause notices and submit their replies within a period of fifteen (15) days from the date of receipt of a copy of this order. (ii) Upon receipt of the replies, the second respondent shall consider the same on their own merits and pass appropriate orders in accordance with law. (iii) Until the replies are considered, the second respondent shall not take any coercive steps against the petitioners. https://www.mhc.tn.gov.in/judis WP No. 26900 of 2026 __________ Page12 of 13 (iv) If the petitioners fail to submit their replies within the stipulated time, the second respondent is at liberty to pass appropriate orders in accordance with law. 6. No costs. Consequently, the connected miscellaneous petitions are closed. 06-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gsk To 1. The District Collector, District Collector’s office, Collectorate Campus, Fort Main Road, Salem. 2. The Commissioner Yercaud Panchayat Union, Yercaud, Salem District. https://www.mhc.tn.gov.in/judis WP No. 26900 of 2026 __________ Page13 of 13 HEMANT CHANDANGOUDAR J. GSK WP Nos. 26900, 26940, 26946, 26935, 26938, 26943, 26936, 26939, 26942, 26944, 26947 of 2026 and WMP Nos. 29441, 29442, 29499, 29504, 29509, 29512, 29490, 29491, 29495 29497, 29501, 29502, 29492, 29493, 29494, 29496, 29498, 29500, 29505, 29506, 29508 & 29510 of 2026 06-08-2026 https://www.mhc.tn.gov.in/judis