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Madras High CourtWP/8637/2026disposed of

S.Gandhi, v. The District Collector,

2026-03-11Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-03-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE S.Gandhi ..Petitioner(s) Vs

1. The District Collector, Ranipet District, Ranipet.

2. The Commissioner, Walajapet Municipality, Walajapet, Ranipet District.

3. The Harini Thillai, The Chairman, Walajapet Municipality, Walajapet, Ranipet District.

..Respondent(s) Writ petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of mandamus to direct the 2nd respondent herein to hand over vacant possession of Shop No.18 to the petitioner situated in the New Bus Stand Complex, Walajapet Municipality pursuant to Auction Notification dated 08.01.2026 in Na.Ka.No.147/2024/A1 and resolution passed by the 3rd respondent dated 12.02.2026 within a stipulated period of time. For Petitioner(s):

Mr.S.Fayasahamed For Respondent(s):

MR.Shahjahan,SGP (R1) Dr.T.Seenivasan,SGP (R2 & R3)

ORDER

This writ petition has been filed seeking for a direction to the second respondent to handover vacant possession of Shop No.18 to the petitioner, situated in the new Bus stand complex, Walajapet Municipality, pursuant to Auction Notification dated 08.01.2026 and the Resolution passed by the third respondent dated 12.02.2026, within a time frame to be fixed by this Court.

2. The petitioner claims that he is the successful bidder in the aforesaid auction in respect of Shop No.18. According to the petitioner, despite being successful bidder, till date, the petitioner has not been handed over vacant possession of Shop No.18. The petitioner claims that a resolution was also passed by the third respondent dated 12.02.2026 allotting the said shop to the petitioner.

3. At this stage, when a counter affidavit is not filed by the respondents, the question of granting a positive direction as prayed for in this writ petition does not arise. The only limited relief that can be granted at this stage is to direct the petitioner to submit a representation to the second respondent seeking for allotment of Shop No.18 on the ground that he is the successful bidder, and on receipt of such representation, the second respondent shall pass a speaking order on merits and in accordance with law.

4. Accordingly, this writ petition is disposed of in the following manner:- (a) The petitioner is directed to submit a representation to the second respondent seeking for allotment of Shop No.18 based on his contention that he is the successful bidder under Auction Notification dated 08.01.2026 for the aforesaid shop, along with supporting documents, within a period of three days from the date of receipt of a copy of this order. (b) On receipt of the said representation within the stipulated time, the second respondent shall pass a speaking order with regard to the petitioner's representation, after giving due consideration to the supporting documents produced by him, within a period of one week thereafter.

No Costs.

11-03-2026 RKM Note to Office:

Issue order copy on 12.03.2026

ABDUL QUDDHOSE, J.

RKM To

1. The District Collector, Ranipet District, Ranipet.

2. The Commissioner, Walajapet Municipality, Walajapet, Ranipet District.

11-03-2026