M.Baskaran v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-02-2026

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN WP No.3838 of 2026 AND WMP Nos. 4259 to 4261 OF 2026 M.Baskaran S/o.Mohana Naicker, No.13, Khanar Bajanai Koil Street, Arcot, Vellore District.

..Petitioner(s) Vs.

1. The Secretary to Government, Municipal Administration & Water Supply Department, Fort St. George, Chennai-600 009.

2. The Director of Municipal Administration, 11th Floor, Urban Administration Campus, Santhome High Road, MRC Nagar, Chennai-600 028.

3. The District Collector, Ranipet District,

4. The Regional Director of Municipal Administration, Sathuvacheri, Vellore-9.

5. The Commissioner Arcot Municipality, Arcot. ..Respondent(s)

Prayer : This Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the notification issued by the 5th respondent in a daily issue of Thina Thandhi (Vellore Edition) dated 23.01.2026 to quash the same as the same is not in accordance with Clause X of G.O. 2U No.66 dated 06.08.2024 and the Tamil Nadu Urban Local Bodies Rules, 2023, as amended by Notification No.836 dated 16.12.2025 and consequently direct the 5th respondent to allot shops to the petitioner. For Petitioner(s) : Ms.S.Hemalatha For Respondent(s) : Dr.T.Seenivasan - R1, R2, R4 & R5 Mr.L.S.M.Hasan Fizal - R3

ORDER

The petitioner is one of the occupants, being a shop owner under the Arcot Municipality. The Municipality took a policy decision to pull down the existing superstructure and put up a new one. Since the petitioner and other shop owners were in occupation of the shops, they were requested to hand over possession on or before 31.03.2023. An assurance was given to the petitioner that, once the existing superstructure is pulled down and a new superstructure constructed, they would be given priority.

2. The State of Tamil Nadu has issued Notification No.836 capturing the privilege granted to existing shop owners to be allotted shops in the newly constructed shops preferential basis. The condition, being that at the time of enforcing the right of preference, they have to pay the average value arrived at in the open tender.

3. The petitioner apprehends that the 5th respondent may not adhrere to the said Government Order as well as Rule 316((11) (a) and (b) of the Tamil Nadu Urban Local Bodies Rules, 2023. Hence, the present writ petition.

4. The petitioner seeks to quash the auction notice issued by the 5th respondent in respect of several shops under the control of the 5th respondent.

5. When the matter came up for admission, Dr.T.Seenivasan, leaned counsel appearing for R1, R2, R4 and R5 states that the second respondent sent a letter dated 30.12.2025 to the 5th respondent and the same is scanned hereunder :-

6. Since the 5th respondent is bound by the Tamil Nadu Urban Local Bodies Rules as well as the instructions given by the 2nd respondent, it shall proceed with the auction proposed on 10.02.2026. The average value arrived at after the auction shall be intimated to each of the existing shop owners. In case, they are agreeable to take the shops at the rate so quoted by the 5th respondent, which is arrived at after the conclusion of the auction, the shops will be allotted to the existing shop owners This writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

04-02-2026 Index: Yes/No Speaking/Non-speaking order kkd To

1. The Secretary to Government, Municipal Water Supply and Administration Department, Fort St. George, Chennai-600 009.

2. The Director of Municipal Administration, 11th Floor, Urban Administration Campus, Santhome High Road, MRC Nagar, Chennai-600 028.

V.LAKSHMINARAYANAN J.

kkd

3. The District Collector, Ranipet District, District.

4. The Regional Director of Municipal Administration Municipal Administration, Sathuvacheri, Vellore-9.

5. The commissioner Arcot Municipality, Arcot.

WP No.3838 of 2026 04.02.2026