R.Raghupathi v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-06-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI and WMP.No.9182 of 2021 R.Raghupathi S/O. Ramamurthy, No 10, Beach Road, Cuddalore- 607001 ..Petitioner(s) Vs

1. The Commissioner Cuddalore Municipality, Bharathi Road, Cuddalore- 607001

2. Mrs. Gowri Sankar No 150 LIG, Anaikuppam, Cuddalore- 607001 ..Respondent(s) Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records and quash the demand notice in NA.KA.NO 14703/ A2/ 16 dated 10.12.2019 issued by the first respondent in respect of Shop No 10, Beach Road, Cuddalore. For Petitioner(s):

Mr.R.Gururaj For Respondent(s):

Mr.B.ANAND for R1

ORDER

Aggrieved by the impugned order of demand notice dated 10.12.2019 passed by the first respondent herein / Commissioner, Cuddalore Municipality in respect of Shop No 10, Beach Road, Cuddalore, the present Writ Petition has been filed.

2. Heard the learned counsel appearing on either side and also perused the materials available on record.

3. The learned counsel for the petitioner submitted that the petitioner herein is the tenant of the Shop No 10, Beach Road, Cuddalore owned by the Cuddalore Municipality and he has been issued with the demand notice on 10.12.2019. He further submitted that the petitioner may be permitted to submit his reply to the demand notice and after considering the same, the authorities may pass appropriate orders in the subject issue and thus, prayed for appropriate orders.

4. Per contra, the learned Standing counsel for the first respondent submitted that the lease period of the subject shop was expired in the year 2025 itself and the petitioner did not sought for any extension time for the lease. However, he submitted that if the first respondent receive any reply to the

demand notice from the petitioner, the same will be considered and appropriate orders will be passed by the first respondent in accordance with law, within a reasonable time.

5. On considering the facts of the case, this Court is of the opinion that the issuance of demand notice by the first respondent to the petitioner herein cannot be entertained at threshold, as the same requires adjudication. However, taking note of the submissions made by the learned counsel on either side, this Court permits the petitioner to render his reply to the demand notice dated 10.12.2019, within a period of two weeks from the date of receipt of a copy of this order. On receipt of any such reply from the petitioner, the first respondent is directed to adjudicate the subject issue and pass appropriate orders in accordance with law, after providing an opportunity of hearing to the parties concerned, within a period of four weeks therefrom.

6. With the above directions, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed, if any. There shall be no order as to costs.

03-06-2026 Index: Yes/No DP

To

1. The Commissioner Cuddalore Municipality, Bharathi Road, Cuddalore- 607001

M.DHANDAPANI, J.

DP 03-06-2026