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2026 DAILYLAW 62264 (MAD)

Ayyappan v. The District Collector

WP(MD)/22654/2026 · 2026-08-07

M Dhandapani

Transfer Petitionbody2026

Judgment text

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W.P(MD)Nos.22654 of 2026 & batch BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2026 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)Nos.22654 to 22661 of 2026 and WMP (MD) Nos.16879, 16881, 16901, 16903, 16882, 16885, 16893 &16883 of 2026 Ayyappan ... Petitioner in WP(MD) No.22654/2026 Rajammal ... Petitioner in WP(MD) No.22655/2026 Balaji ... Petitioner in WP(MD) No.22656/2026 P.Manikandan ... Petitioner in WP(MD) No.22657/2026 G.Sugumar ... Petitioner in WP(MD) No.22658/2026 M.Kandamsamy ... Petitioner in WP(MD) No.22659/2026 T.Rajagopal ... Petitioner in WP(MD) No.22660/2026 M.Veeramalai ... Petitioner in WP(MD) No.22661/2026 vs. 1. The District Collector, Dindigul District, Dindigul. 2. The Assistant Director of Town Panchayats, Dindigul District. 1/8 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.22654 of 2026 & batch 3. The Executive Officer, Palayam Town Panchayat, Guziliamparai Taluk, Dindigul District. ... Respondent(s) (in all writ petitions) COMMON PRAYER : Writ Petitions filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned Demand Notice dated 03.07.2026 in Na.Ka.No.17/2025/A2 by 3rd respondent, quash the same, and the direct the 1 and 2 respondents to re-fix the lease/rent at a reasonable amount in the third respondent Town Panchayat Shop Nos.01,12,02,03,12,8,19 based on petitioner representations dated 31.07.2026. For Petitioner : Mr. J. Imran Khan (in all WPs) For R1 & R2 : Ms.K.R.Shivashankari, AGP For R3 : Mr.T.Thirumurugan, SGP (in all WPS) COMMON ORDER This Writ Petition has been filed chalenging a common impugned demand notice dated 03.07.2026 issued by the third respondent/Executive Officer, Palayam Town Panchayat and consequently to direct the respondents 1 and 2 to re-fix the lease/rent at a reasonable amount in the third respondent Town 2/8 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.22654 of 2026 & batch Panchayat Shop Nos.01,12,02,03,12,8,19 based on petitioner representations dated 31.07.2026. 2.Heard the learned counsel for the parties. 3.By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. 4.The learned counsel appearing for the petitioners would submit that the petitioners are successful bidders in the auction conducted by the respondent-Town Panchayat for the shops in question in the year January, 2024. Pursuant to the said auction, the petitioners had paid the rent for one year in advance. Subsequently, on account of non-payment of rental arrears, the respondent-Town Panchayat issued a show cause notice. Challenging the same, the present writ petitions have been filed. 5. The learned counsel appearing for the petitioners would further submit that, due to the exorbitant fixation of the monthly rent, the petitioners 3/8 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.22654 of 2026 & batch were unable to pay the rental amount regularly. However, the petitioners are ready and willing to pay 50% of the outstanding rental arrears within a period of four weeks from the date of receipt of a copy of this order and to pay the balance 50% by way of six equal monthly installments, along with the monthly rent payable for the subsequent months. 6. The learned Government Advocate appearing for the respondent- Town Panchayat would submit that the lease period is going to expire in March, 2027. If the petitioners clear the entire rental arrears, along with the current monthly rent, before the expiry of the lease period, they may be permitted to participate in the fresh auction to be conducted by the respondent-Town Panchayat, subject to the applicable rules and conditions. 7. Considering the facts and circumstances of the case and without expressing any opinion on the merits of the matter, the following order is passed: (i) The petitioners shall pay 50% of the total outstanding rental arrears within a period of four weeks from the date of receipt of a copy of this order. 4/8 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.22654 of 2026 & batch (ii) The remaining 50% of the outstanding rental arrears shall be paid in six equal monthly installments, commencing from September 2026. (iii) The petitioners shall, in addition, continue to pay the current monthly rent regularly and without default during the pendency of the above payment arrangement. (iv) In the event of failure on the part of the petitioners to comply with any one of the above conditions, the respondent- Town Panchayat is at liberty to seal the premises and take further action in accordance with law, including recovery of the outstanding amount in the manner known to law. (v) If the petitioners comply with the above conditions and clear the entire rental arrears along with the current monthly rent, they shall be at liberty to participate in the fresh 5/8 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.22654 of 2026 & batch auction to be conducted by the respondent-Town Panchayat upon expiry of the existing lease period, subject to the applicable rules and conditions governing such auction. 8. The writ petitions are disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed. 07.08.2026 NCC : Yes / No Index : Yes / No Internet : Yes PKN 6/8 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.22654 of 2026 & batch To 1. The District Collector, Dindigul District, Dindigul. 2. The Assistant Director of Town Panchayats, Dindigul District. 3. The Executive Officer, Palayam Town Panchayat, Guziliamparai Taluk, Dindigul District. 7/8 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.22654 of 2026 & batch M.DHANDAPANI ,J. PKN ORDER MADE IN W.P(MD)No.22654 of 2026 and batch DATED : 07.08.2026 8/8 https://www.mhc.tn.gov.in/judis