Citation : 2025 Latest Caselaw 212 Mad
Judgement Date : 14 May, 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.05.2025
CORAM:
THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN
W.P.(MD) Nos.14161 and 14179 to 14223 of 2025
and
W.M.P(MD)Nos.10460, 10457, 10455, 10453, 10450, 10448, 10447,
10446, 10445, 10443, 10441, 10440, 10439, 10438, 10437, 10436,
10435, 10434, 10433, 10432, 10431, 10430, 10429, 10428, 10427,
10426, 10425, 10424, 10423, 10422, 10421, 10420, 10419, 10418,
10417, 10416, 10415, 10414, 10413, 10412, 10411, 10410, 10409,
10408, 10407, 10406, 10405, 10404, 10403, 10402, 10401, 10400,
10399, 10398, 10397, 0396, 10395, 10394, 10393, 10392, 10391, 10390,
10389, 10388, 10387, 10386, 10385, 10384, 10383, 10382, 10381,
10380, 10379, 10378, 10377, 10376, 10375, 10374, 10373, 10372,
10371, 10370, 10369, 10368, 10367, 10366, 10365, 10364, 10363,
10362, 10361, 10360, 10359, 10358, 10357, 10356, 10355, 10354,
10353, 10352, 10351, 10350, 10349, 10348, 10347, 10346, 10345,
10344, 10343, 10342, 10341, 10340, 10339, 10338, 10337, 10336,
10335, 10334, 10333, 10332, 10331, 10330, 10329, 10328, 10327,
10326, 10325, 10324, 10323, 10322, 10321, 10320, 10319, 10318 and
10317 of 2025
1. Ganesan ... Petitioner in
W.P.(MD)No.14161 of 2025
2. T.V.Tamilarasan ... Petitioner in
W.P.(MD)No.14179 of 2025
3. R.Chandrathasan ... Petitioner in
W.P.(MD)No.14181 of 2025
4. T.Asaithambi ... Petitioner in
W.P.(MD)No.14180 of 2025
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5. A.Ramesh ... Petitioner in
W.P.(MD)No.14182 of 2025
6. Nallathambi ... Petitioner in
W.P.(MD)No.14184 of 2025
7. S.Rajendran ... Petitioner in
W.P.(MD)No.14183 of 2025
8. R.Karthikeyan ... Petitioner in
W.P.(MD)No.14185 of 2025
9. R.Elangovan ... Petitioner in
W.P.(MD)No.14186 of 2025
10. V.Thirumurugan ... Petitioner in
W.P.(MD)No.14187 of 2025
11. R.Krishnamoorthi ... Petitioner in
W.P.(MD)No.14188 of 2025
12. M.Vigneswaran ... Petitioner in
W.P.(MD)No.14189 of 2025
13. D.Ganeshraj ... Petitioner in
W.P.(MD)No.14190 of 2025
14. T.Jeyalakshmi ... Petitioner in
W.P.(MD)No.14191 of 2025
15. T.Ravi ... Petitioner in
W.P.(MD)No.14192 of 2025
16. P.Baskar ... Petitioner in
W.P.(MD)No.14193 of 2025
17. V.Balakrishnan ... Petitioner in
W.P.(MD)No.14194 of 2025
18. P.Maniraj ... Petitioner in
W.P.(MD)No.14195 of 2025
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19. R.Krishnamoorthy ... Petitioner in
W.P.(MD)No.14196 of 2025
20. P.Dhamotharan ... Petitioner in
W.P.(MD)No.14197 of 2025
21. R.Mangayarkarasi ... Petitioner in
W.P.(MD)No.14198 of 2025
22. C.Senthilnathan ... Petitioner in
W.P.(MD)No.14199 of 2025
23. V.Thirumurugan ... Petitioner in
W.P.(MD)No.14200 of 2025
24. N.Tamilselvan ... Petitioner in
W.P.(MD)No.14201 of 2025
25. S.Kanagaraj ... Petitioner in
W.P.(MD)No.14202 of 2025
26. T.Kumaraguruban ... Petitioner in
W.P.(MD)No.14203 of 2025
27. M.Krishnamoorthi ... Petitioner in
W.P.(MD)No.14204 of 2025
28. M.Gurunathan ... Petitioner in
W.P.(MD)No.14205 of 2025
29. R.Chandrathasan ... Petitioner in
W.P.(MD)No.14206 of 2025
30. S.Mariadoss ... Petitioner in
W.P.(MD)No.14207 of 2025
31. A.V.Sekar ... Petitioner in
W.P.(MD)No.14208 of 2025
32. B.Priya ... Petitioner in
W.P.(MD)No.14209 of 2025
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33. K.Masilamani ... Petitioner in
W.P.(MD)No.14210 of 2025
34. A.Vetriselvan ... Petitioner in
W.P.(MD)No.14211 of 2025
35. T.Mohan ... Petitioner in
W.P.(MD)No.14212 of 2025
36. R.Radhakrishnan ... Petitioner in
W.P.(MD)No.14213 of 2025
37. M.Giri ... Petitioner in
W.P.(MD)No.14214 of 2025
38. K.Ramadoss ... Petitioner in
W.P.(MD)No.14215 of 2025
39. R.Annadurai ... Petitioner in
W.P.(MD)No.14216 of 2025
40. R.Selvaraj ... Petitioner in
W.P.(MD)No.14217 of 2025
41. R.Karuppaiah ... Petitioner in
W.P.(MD)No.14218 of 2025
42. L.Mahendran ... Petitioner in
W.P.(MD)No.14219 of 2025
43. G.Saravanan ... Petitioner in
W.P.(MD)No.14220 of 2025
44. K.Saravanan ... Petitioner in
W.P.(MD)No.14221 of 2025
45. G.Subramanian ... Petitioner in
W.P.(MD)No.14222 of 2025
46.V.Palraja ... Petitioner in
W.P.(MD)No.14223 of 2025
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Vs.
1. The District Collector,
Office of the District Collector,
Thanjavur District.
2. The Executive Officer,
Orathanadu Town Panchayat,
Orathanadu,
Thanjavur District. ... Respondents in all W.Ps.
Prayer in W.P.(MD)No.14161 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Mandamus to
direct the respondents herein to allot two shops to the petitioner in the
proposed tender auction being held on 15.05.2025 by considering the 20
years continued and uninterrupted tenancy of the petitioner in respect of
Shop Nos.1 and 2 in Block No.III under the 2nd Respondent in the same
shopping complex by considering the representation given by the
Petitioner dated 07.05.2025.
Prayer in W.P.(MD)No.14179 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.3, IDSMT Commercial Complex, Block No.2,
Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
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Prayer in W.P.(MD)No.14181 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.10, IDSMT Commercial Complex, Block No.
3, Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
Prayer in W.P.(MD)No.14180 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.3, IDSMT Commercial Complex, Block No.1,
Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
Prayer in W.P.(MD)No.14182 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
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of the Petitioner's shop No.13, IDSMT Commercial Complex, Block No.
3, Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
Prayer in W.P.(MD)No.14184 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.4, IDSMT Commercial Complex, Block No.3,
Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
Prayer in W.P.(MD)No.14183 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.7, Orathanadu Bustand Commercial Complex
in Orathanadu Selection Grade Town Panchayat, Thanjavur District by
enhancing 30% and renew the lease period from 2025-2026 to
2027-2028 by considering the petitioner's representation dated
11.05.2025.
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Prayer in W.P.(MD)No.14185 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.3, IDSMT Commercial Complex, Block No.3,
First Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur
District by enhancing 30% and renew the lease period from 2025-2026 to
2027-2028 by considering the petitioner's representation dated
09.05.2025.
Prayer in W.P.(MD)No.14186 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.8 in Orathanadu Bus Stand Chit Fund
Commercial Complex in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
Prayer in W.P.(MD)No.14187 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.5, IDSMT Commercial Complex, Block No.3,
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Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
Prayer in W.P.(MD)No.14188 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.5, IDSMT Commercial Complex, Block No.2,
Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
Prayer in W.P.(MD)No.14189 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.5, Orathanadu Bustand Chit Fund
Commercial Complex in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 11.05.2025.
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Prayer in W.P.(MD)No.14190 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.1, IDSMT Commercial Complex, Block No.2,
Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
Prayer in W.P.(MD)No.14191 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.6, IDSMT Commercial Complex, Block No.2,
Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
Prayer in W.P.(MD)No.14192 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
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of the Petitioner's shop No.3, IDSMT Commercial Complex, Block No.3,
Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
Prayer in W.P.(MD)No.14193 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.7, IDSMT Commercial Complex, Block No.2,
Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
Prayer in W.P.(MD)No.14194 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.8, IDSMT Commercial Complex, Block No.3,
Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
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Prayer in W.P.(MD)No.14195 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.6, IDSMT Commercial Complex, Block No.3,
Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
Prayer in W.P.(MD)No.14196 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.9, IDSMT Commercial Complex, Block No.1,
Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
Prayer in W.P.(MD)No.14197 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
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the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.4, IDSMT Commercial Complex, Block No.2,
Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
Prayer in W.P.(MD)No.14198 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.7, IDSMT Commercial Complex, Block No.3,
Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
Prayer in W.P.(MD)No.14199 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.2, IDSMT Commercial Complex, Block No.2,
Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
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Prayer in W.P.(MD)No.14200 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop Nos.14 & 15, IDSMT Commercial Complex,
Block No.3, Ground Floor in Orathanadu Selection Grade Town
Panchayat, Thanjavur District by enhancing 30% and renew the lease
period from 2025-2026 to 2027-2028 by considering the petitioner's
representation dated 09.05.2025.
Prayer in W.P.(MD)No.14201 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop Nos.8 & 9, Orathanadu Bus Stand Commercial
Complex in Orathanadu Selection Grade Town Panchayat, Thanjavur
District by enhancing 30% and renew the lease period from 2025-2026 to
2027-2028 by considering the petitioner's representation dated
09.05.2025.
Prayer in W.P.(MD)No.14202 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
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of the Petitioner's shop No1, Orathanadu Bus Stand Commercial
Complex in Orathanadu Selection Grade Town Panchayat, Thanjavur
District by enhancing 30% and renew the lease period from 2025-2026 to
2027-2028 by considering the petitioner's representation dated
09.05.2025.
Prayer in W.P.(MD)No.14203 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.9, IDSMT Commercial Complex, Block No.3,
Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
Prayer in W.P.(MD)No.14204 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.11, IDSMT Commercial Complex, Block No.
1, Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
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Prayer in W.P.(MD)No.14205 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.12, IDSMT Commercial Complex, Block No.
3, Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
Prayer in W.P.(MD)No.14206 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.11, IDSMT Commercial Complex, Block No.
3, Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
Prayer in W.P.(MD)No.14207 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
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of the Petitioner's shop No.5, Orathanadu Bus Stand Commercial
Complex in Orathanadu Selection Grade Town Panchayat, Thanjavur
District by enhancing 30% and renew the lease period from 2025-2026 to
2027-2028 by considering the petitioner's representation dated
09.05.2025.
Prayer in W.P.(MD)No.14208 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.15, IDSMT Commercial Complex, Block No.
3, Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
Prayer in W.P.(MD)No.14209 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.7, IDSMT Commercial Complex, Block No.1,
Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
17/32
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Prayer in W.P.(MD)No.14210 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.6, IDSMT Commercial Complex, Block No.1,
Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
Prayer in W.P.(MD)No.14211 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.10, IDSMT Commercial Complex, Block No.
1, Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
Prayer in W.P.(MD)No.14212 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.10, Orathanadu Bus Stand Commercial
18/32
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Complex in Orathanadu Selection Grade Town Panchayat, Thanjavur
District by enhancing 30% and renew the lease period from 2025-2026 to
2027-2028 by considering the petitioner's representation dated
09.05.2025.
Prayer in W.P.(MD)No.14213 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.3 in Orathanadu Bus Stand Chit Fund
Commercial Complex in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
Prayer in W.P.(MD)No.14214 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.4 in Orathanadu Bus Stand Chit Fund
Commercial Complex in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
19/32
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Prayer in W.P.(MD)No.14215 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.9 in Orathanadu Bus Stand Chit Fund
Commercial Complex in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
Prayer in W.P.(MD)No.14216 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.14, IDSMT Commercial Complex, Block No.
3, Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
Prayer in W.P.(MD)No.14217 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.4, Orathanadu Bus Stand Commercial
20/32
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Complex in Orathanadu Selection Grade Town Panchayat, Thanjavur
District by enhancing 30% and renew the lease period from 2025-2026 to
2027-2028 by considering the petitioner's representation dated
09.05.2025.
Prayer in W.P.(MD)No.14218 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.4B in Orathanadu Bus Stand Commercial
Complex in Orathanadu Selection Grade Town Panchayat, Thanjavur
District by enhancing 30% and renew the lease period from 2025-2026 to
2027-2028 by considering the petitioner's representation dated
09.05.2025.
Prayer in W.P.(MD)No.14219 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.1, IDSMT Commercial Complex, Block No.1,
Ground Floor in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
21/32
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Prayer in W.P.(MD)No.14220 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop in Orathanadu Bus Stand Commercial Complex
in Orathanadu Selection Grade Town Panchayat, Thanjavur District by
enhancing 30% and renew the lease period from 2025-2026 to
2027-2028 by considering the petitioner's representation dated
09.05.2025.
Prayer in W.P.(MD)No.14221 of 2025: Writ Petition filed under Article
226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.7 in Orathanadu Bus Stand Chit Fund
Commercial Complex in Orathanadu Selection Grade Town Panchayat,
Thanjavur District by enhancing 30% and renew the lease period from
2025-2026 to 2027-2028 by considering the petitioner's representation
dated 09.05.2025.
Prayer in W.P.(MD)No.14222 of 2025 : Writ Petition filed under
Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned notice issued by the
2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
the same and consequently direct the 2nd respondent to enhance the rent
of the Petitioner's shop No.6, Orathanadu Bus Stand Commercial
22/32
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Complex in Orathanadu Selection Grade Town Panchayat, Thanjavur
District by enhancing 30% and renew the lease period from 2025-2026 to
2027-2028 by considering the petitioner's representation dated
09.05.2025.
For Petitioner in : Mr.K.Bala Sundaram
W.P.(MD)No.14161 of Senior Counsel
2025
For Petitioners in : Mr.M.Karunanithi
W.P.(MD)Nos.14179
to 14223 of 2025
For respondents in : Mr.K.Selvaganesh
W.P.(MD)No.14161 of Additional Government
2025 Pleader
For respondents in : Mr.C.Venkatesh Kumar
W.P.(MD)Nos.14179 Special Government
to 14223 of 2025 Pleader
COMMON ORDER
By consent of both parties, these Writ Petitions are taken up for
final disposal at the admission stage itself.
2.Heard the learned counsel on either side and perused the
materials available on record.
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3.The petitioners are lessees of the following shops in the building
owned by the respondent. Their lease period expire on 05.08.2025.
S.N Writ Petition Number Name of the
Shop No Expiry date
o Petitioner of lease
period
1 W.P (MD) No. 14179 of 2025 T.V. Tamilarasan 3 05.08.2025
2 W.P (MD) No. 14180 of 2025 T. Asaithambi 3 05.08.2025
3 W.P (MD) No. 14181 of 2025 R. Chandrathasan 10 05.08.2025
4 W.P (MD) No. 14182 of 2025 A. Ramesh 13 05.08.2025
5 W.P (MD) No. 14183 of 2025 S. Rajendran 7 05.08.2025
6 W.P (MD) No. 14184 of 2025 Nallathambi 4 05.08.2025
7 W.P (MD) No. 14185 of 2025 R. Karthikeyan 3 05.08.2025
8 W.P (MD) No. 14186 of 2025 R. Elangovan 8 05.08.2025
9 W.P (MD) No. 14187 of 2025 V. Thirumurugan 5 05.08.2025
10 W.P (MD) No. 14188 of 2025 R. Krishnamoorthi 5 05.08.2025
11 W.P (MD) No. 14189 of 2025 M. Vigneswaran 5 05.08.2025
12 W.P (MD) No. 14190 of 2025 D. Ganeshraj 1 05.08.2025
13 W.P (MD) No. 14191 of 2025 T. Jeyalakshmi 6 05.08.2025
14 W.P (MD) No. 14192 of 2025 T. Ravi 3 05.08.2025
15 W.P (MD) No. 14193 of 2025 P. Baskar 7 05.08.2025
16 W.P (MD) No. 14194 of 2025 V. Balakrishnan 8 05.08.2025
17 W.P (MD) No. 14195 of 2025 P. Maniraj 6 05.08.2025
18 W.P (MD) No. 14196 of 2025 R. Krishnamoorthi 9 05.08.2025
19 W.P (MD) No. 14197 of 2025 P.Dhamotharan 4 05.08.2025
20 W.P (MD) No. 14198 of 2025 R. Mangayarkarasi 7 05.08.2025
21 W.P (MD) No. 14199 of 2025 C. Senthilnathan 2 05.08.2025
22 W.P (MD) No. 14200 of 2025 V. Thirumurugan 14 & 15 05.08.2025
23 W.P (MD) No. 14201 of 2025 N. Tamilselvan 8 & 9 05.08.2025
24 W.P (MD) No. 14202 of 2025 S. Kanagaraj 1 05.08.2025
25 W.P (MD) No. 14203 of 2025 T. Kumaragurubaran 9 05.08.2025
26 W.P (MD) No. 14204 of 2025 M. Krishnamoorthy 11 05.08.2025
27 W.P (MD) No. 14205 of 2025 M. Gurunathan 12 05.08.2025
28 W.P (MD) No. 14206 of 2025 R. Chandrathasan 11 05.08.2025
29 W.P (MD) No. 14207 of 2025 S. Maridoss 5 05.08.2025
30 W.P (MD) No. 14208 of 2025 A.V. Sekar 15 05.08.2025
31 W.P (MD) No. 14209 of 2025 B. Priya 7 05.08.2025
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32 W.P (MD) No. 14210 of 2025 K. Masilamani 6 05.08.2025
33 W.P (MD) No. 14211 of 2025 A. Vetriselvan 10 05.08.2025
34 W.P (MD) No. 14212 of 2025 T. Mohan 10 05.08.2025
35 W.P (MD) No. 14213 of 2025 R. Radhakrishnan 3 05.08.2025
36 W.P (MD) No. 14214 of 2025 M. Giri 4 05.08.2025
37 W.P (MD) No. 14215 of 2025 K. Ramadoss 9 05.08.2025
38 W.P (MD) No. 14216 of 2025 R. Annadurai 14 05.08.2025
39 W.P (MD) No. 14217 of 2025 R. Selvaraj 4 05.08.2025
40 W.P (MD) No. 14218 of 2025 R. Karuppaiyan 4B 05.08.2025
41 W.P (MD) No. 14219 of 2025 L. Mahendran 1 05.08.2025
42 W.P (MD) No. 14220 of 2025 G. Saravanan - 05.08.2025
43 W.P (MD) No. 14221 of 2025 K. Saravanan 7 05.08.2025
44 W.P (MD) No. 14222 of 2025 G. Subramanian 6 05.08.2025
45 W.P (MD) No. 14223 of 2025 V. Palraja 2 05.08.2025
4.Taking into account of the expiry of the lease period ie., on
05.08.2025, the respondent Panchayat issued the impugned tender
notices, calling for public auction for the ensuing period upon the expiry
of the lease period of the respective petitioners on 05.08.2025. Hence,
the petitioners have submitted representations to the respondents that
they are ready and willing to pay the enhanced amount of 30% rental for
a further period of three years and that before the expiry of their lease
period, calling for tender without giving opportunity of providing
extension of the lease period by obtaining 30% to the petitioners, the
petitioners' right of business is affected and also there was a violation of
principles of natural justice. Hence, the petitioners have filed these Writ
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5.The learned counsel for the petitioners would submit that the
petitioners are entitled for extension of lease period, as per Clause (vi) of
G.O.Ms.No.66, Municipal Administration and Water Supply Department,
dated 06.08.2024 and that they are entitled for possession of the property,
till the expiry of the lease period.
6.To appreciate the petitioners' contention, it is relevant to extract
the impugned tender notice in W.P.(MD) No.14161 of 2025:
“xuj;jehL Ng&uhl;rpapy; fPo;fz;l tzpf tshf filfspd; VyFj;jif (lease) (2025-2026-k; Mz;L xg;gilf;Fk; ehs; Kjy; 31.03.2008 Kba cs;s %d;whz;L fhyj;jpw;F) xuj;jehL Ng&uhl;rp nray; mYtyh; my;yJ mtuJ mjpfhuk;
ngw;wtuhy; mbapw;fz;l tpgug;gb xuj;jehL
Njh;Tepiy Ng&uhl;rp mYtyfj;jpy; Kb
Kj;jpiuaplg;gl;l xg;ge;jg;Gs;spfs; 15.05.2025-Mk;
ehs; tpahof;fpoik fPo;fz;l ,dq;fs; gfpuq;fkhf nghJ Vyj;jpy; tplg;gLk;.”
7.From the above tender notice, it is clear that from the date of the
handing over the possession of the shop, after the expiry of the period,
the further period would commence. Therefore, no prejudice would be
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8.The petitioners claim renewal of the lease upon payment of
enhanced rent of 30%. The petitioners have no vested right to seek
extension of lease. The said issue has already been settled by this Court
in various decisions.
8.1. The Hon'ble Division Bench decision of this Court
P.Muthusamy V.State of Tamil Nadu rep. by its Secretary to
Government, Municipal Administration and Water Supply
Department, Chennai and Another reported in (2014) 5 MLJ at Page
Nos. 129 and 130 has held as follows:
Admittedly, the licence The assessment made also indicates that issued has fixed terms. the proposed auction would bring more Therefore, the money. The best way to get the maximum Petitioners do not have revenue is by way of public auction. a legal or a vested right Therefore, this Court does not find any to continue in arbitrariness in the action of the occupation for ever. Respondent – Municipality.
8.2.The another Hon'ble Division Bench Judgment of this Court in
W.A.No.1471 of 2014 (between C.Vinoba and 34 others V. The
Commissioner, Palladam Municipality, Palladam, Thiruppur District and
Two Others at Paragraph No.5 also reiterated the said principle and
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/05/2025 02:35:26 pm ) declined to accept the similar request of the petitioner on the basis of the
G.O.Ms.No.92, Municipal Administration and Water Supply department
dated 03.07.2007:
The appellants cannot claim renewal as a matter of right. The Municipality has several functions to perform for the welfare of the people of the locality. The collection of market rent is one of the source of income of the municipality. Thus, the municipality cannot be permitted to allot shops on nominal rent without assessing the market value of the same. It is well certain that auction is the best mode of allotment of shops.”
8.3. The same was also followed and reiterated by the another
Hon'ble Division Bench Judgment of this Court in W.A.No.686 of 2015
dated 24.07.2015 (between T.M.Duraisamy V. The State of Tamil Nadu
rep. by its Secretary to Government, Municipal Administration and
Water Works Department, Fort.St.George, Chennai – 600 009 and Three
Others).
8.4. The Hon'ble Division Bench of this Court in M.Pandian Vs.
The Block Development Officer, Needamangalam Panchayat Union
and others reported in MANU/TN/4929/2018 and held as follows:
At this stage, one cannot brush aside an important fact that 2nd Respondent/Municipality is the appropriate authority
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/05/2025 02:35:26 pm ) to decide what rent a particular shop of the Panchayat may fetch and it is well settled principle in Law that a Lease cannot be extended much to the detriment of Panchayat, as opined by this Court.
9.Applying the above principles laid down by this Court, the
petitioners have no vested right and hence, the contention on the basis of
the G.O.Ms.No.66, Municipal Administration and Water Supply
Department, dated 06.08.2024, to seek renewal is misconceived one.
10.But, the submission of the learned Senior Counsel that the
petitioners are entitled to hold possession of the property, till the expiry
of the lease period, is correct. Therefore, each lessee is entitled to occupy
the premises, as per the order passed in their favour earlier, till the expiry
of the lease period.
11.It is made clear that each lessee is entitled to participate in the
tender process. In the event of their success in the tender process, they
are entitled to continue the possession in their respective premises.
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12.Accordingly, these Writ Petitions are disposed of in the
following terms:-
i) The petitioners' prayers to quash the impugned Notifications are
dismissed.
ii) The petitioners are permitted to participate in the tender process
and in the event of their success in the tender process, they are entitled to
continue the possession in their respective premises.
iii) Till the expiry of the lease period, they are entitled to occupy
their respective premises.
iv) After the expiry of the lease period, each lessee is hereby
directed to hand over the possession to the respondent Panchayat, if they
do not succeed in the tender process.
No costs. Consequently, all the connected Miscellaneous Petitions
are closed.
Index : Yes / No 14.05.2025
Internet : Yes / No
Neutral Citation : Yes / No
mm
Note : Issue order copy on or before 19.05.2025
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1. The District Collector, Office of the District Collector, Thanjavur District.
2. The Executive Officer, Orathanadu Town Panchayat, Orathanadu, Thanjavur District.
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mm/sbn
W.P.(MD) Nos.14161 and 14179 to 14223 of 2025
14.05.2025
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