S. Kaliappan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.06.2026
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.1745 & 1746 of 2024 and 15176, 15177 & 15179 of 2025 S.Kaliappan ... Petitioner Vs.
1.The Commissioner, Coimbatore Corporation, Town Hall Road, Coimbatore - 641 001.
2.The Assistant Commissioner, Coimbatore Corporation, Central Zone, Ramanathapuram Road, Coimbatore - 641 002.
3.The Inspector of Police, C3 Saibaba Colony Police Station, Coimbatore.
... Respondents Prayer:
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 order passed by the first respondent in his proceedings in Na.Ka.No.0603/23/ A1 (Ma) dated 23.11.2023 and quash the same as illegal and consequently direct the respondents to refund the excess 1/5
amount of Rs.25,58,038/- (Rupees Twenty Five Lakhs Fifty Eight Thousand and Thirty Eight only) paid by the petitioner herein and provide all meaningful cooperation and protection to enable the petitioner to collect the user fee / toll fee in the Coimbatore Corporation, Central Zone, Ward No.69, Anna Daily Vegetables Market situated at Mettupalayam Road, Coimbatore as per the terms and conditions of the licence awarded to the petitioner vide the second respondent's order in Na.Ka.No.1877/2020/A1(Me) dated 02.11.2021 as per 2020-2023 bylaws of the first respondent/ Coimbatore Corporation.
For Petitioner : Mr.M.Purushothaman For Respondents : Mr.D.Ferdinand for R1, R2 Mr.C.Prabakaran for R3 Government Counsel
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus to call for the records of the impugned order passed by the first respondent in his proceedings in Na.Ka.No.0603/23/ A1 (Ma) dated 23.11.2023 and quash the same as illegal and consequently direct the respondents to refund the excess amount of Rs.25,58,038/- (Rupees Twenty Five Lakhs Fifty Eight Thousand and Thirty Eight only) paid by the petitioner and provide all meaningful cooperation and protection to enable the petitioner to 2/5
collect the user fee / toll fee in the Coimbatore Corporation, Central Zone, Ward No.69, Anna Daily Vegetables Market situated at Mettupalayam Road, Coimbatore as per the terms and conditions of the licence awarded to the petitioner vide the second respondent's order in Na.Ka.No.1877/2020/A1(Me) dated 02.11.2021 as per 20202023 bylaws of the first respondent/ Coimbatore Corporation. 2.The learned counsel appearing for the petitioner submitted that the petitioner was awarded tender to collect user fee in the Anna Daily Market userfee for three years by the second respondent vide proceedings dated 02.11.2021 and the said tender was subsequently cancelled, however, the petitioner is entitled for refund of amount and damages. Hence, this Court may, without going into the merits of the case, grant liberty to the petitioner to approach the competent civil Court for refund of the amount and damages.
3.Considering the limited request now made by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the case, grants liberty to the petitioner to approach the competent civil Court for refund of the amount and damages.
3/5
4.The writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 09.06.2026 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Commissioner, Coimbatore Corporation, Town Hall Road, Coimbatore - 641 001.
2.The Assistant Commissioner, Coimbatore Corporation, Central Zone, Ramanathapuram Road, Coimbatore - 641 002.
3.The Inspector of Police, C3 Saibaba Colony Police Station, Coimbatore.
4/5
M.DHANDAPANI,J.
pri And W.M.P.Nos.1745 & 1746 of 2024 and 15176, 15177 & 15179 of 2025 09.06.2026 5/5