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Ganesan vs The District Collector
2025 Latest Caselaw 212 Mad

Citation : 2025 Latest Caselaw 212 Mad
Judgement Date : 14 May, 2025

Madras High Court

Ganesan vs The District Collector on 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


                     1/32



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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

                     2/32



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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

                     3/32



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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

                     4/32



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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.

                     5/32



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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
                     6/32



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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.


                     7/32



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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,
                     8/32



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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.




                     9/32



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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


                     10/32



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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.


                     11/32



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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

                     12/32



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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.
                     13/32



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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
                     14/32



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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.


                     15/32



https://www.mhc.tn.gov.in/judis              ( Uploaded on: 19/05/2025 02:35:26 pm )
                     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


                     16/32



https://www.mhc.tn.gov.in/judis              ( Uploaded on: 19/05/2025 02:35:26 pm )
                     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



https://www.mhc.tn.gov.in/judis              ( Uploaded on: 19/05/2025 02:35:26 pm )
                     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



https://www.mhc.tn.gov.in/judis              ( Uploaded on: 19/05/2025 02:35:26 pm )
                     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



https://www.mhc.tn.gov.in/judis              ( Uploaded on: 19/05/2025 02:35:26 pm )
                     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



https://www.mhc.tn.gov.in/judis              ( Uploaded on: 19/05/2025 02:35:26 pm )
                     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



https://www.mhc.tn.gov.in/judis              ( Uploaded on: 19/05/2025 02:35:26 pm )
                     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



https://www.mhc.tn.gov.in/judis              ( Uploaded on: 19/05/2025 02:35:26 pm )
                     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.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/05/2025 02:35:26 pm )

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





https://www.mhc.tn.gov.in/judis                    ( Uploaded on: 19/05/2025 02:35:26 pm )
                         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

https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/05/2025 02:35:26 pm ) Petitions for the relief stated supra.

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

https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/05/2025 02:35:26 pm ) caused to the petitioners to participate in the tender.

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.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/05/2025 02:35:26 pm )

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

https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/05/2025 02:35:26 pm ) To

1. The District Collector, Office of the District Collector, Thanjavur District.

2. The Executive Officer, Orathanadu Town Panchayat, Orathanadu, Thanjavur District.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/05/2025 02:35:26 pm ) K.K. RAMAKRISHNAN, J.

mm/sbn

W.P.(MD) Nos.14161 and 14179 to 14223 of 2025

14.05.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/05/2025 02:35:26 pm )

 
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LatestLaws.com presents: Lexidem Offline Internship Program, 2026

 

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LatestLaws Partner Event : IJJ

 

LatestLaws Partner Event : Smt. Nirmala Devi Bam Memorial International Moot Court Competition

 
 
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