R.Murugesan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-07-2025
CORAM
THE HONOURABLE MRS JUSTICE N.MALA R.Murugesan, S/o. Ramanujam (late), Melakkara Street, Pennagram Town and Taluk, Dharmapuri District.
Petitioner(s) Vs 1.The District Collector, Dharmapuri District, Dharmapuri.
2.The Assistant Director of Town Panchayat, Collectorate, Dharmapuri District, Dharmapuri. 3.The Executive Officer, Pennagram Town Panchayat, Pennagram Taluk, Dharmapuri District.
4.The Chairman, Pennagram Town Panchayat, Pennagram Taluk, Dharmapuri District.
Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India, 1/6
praying for the issuance of a direction in the nature of Writ of Mandamus, directing the Respondents herein to consider and pass orders on the petitioner's representation dated 03.03.2025 in the light of the order passed by this Honourable Court in W.P.No.16171 of 2020 dated 20.02.2023 and G.O.Ms.No.92, Municipal Administration and Water Supply Department dated 03.07.2007 regarding allotment of any one of the shops out of 26 newly constructed shops reserved as per the above orders of this Honourable Court to the petitioner in Pennagaram Bus Stand, Pennagram Taluk, Dharmapuri District, on payment of highest bid amount as may be fixed by the respondents herein as a rent within a stipulated time by this Honourable Court and pass such further orders.
For Petitioner(s):
Mr.R.Thamaraiselvan For Respondent(s):
Mr.N.Naveen Kumar, Government Advocate for R1 & R2 Mr.S.Jayachandran, Government Advocate for R3 & R4
ORDER
This writ petition has been filed for issuance of a Writ of Mandamus, directing the Respondents herein to consider and pass orders on the petitioner's representation dated 03.03.2025 in the light of the order passed by this Court in W.P.No.16171 of 2020 dated 20.02.2023 and G.O.Ms.No.92, Municipal Administration and Water Supply Department dated 03.07.2007 regarding 2/6
allotment of any one of the shops out of 26 newly constructed shops reserved as per the above orders of this Court to the petitioner in Pennagaram Bus Stand, Pennagram Taluk, Dharmapuri District, on payment of the highest bid amount as may be fixed by the respondents herein as a rent within a stipulated time.
2. The case of the petitioner is that Shop No.2 in B-Block, Pennagaram Town Bus Stand, Dharmapuri District, was originally allotted to the petitioner's mother, Krishnaveni, through a public auction in 1990 by the 3rd respondent. She operated a saloon there with the assistance of the petitioner, paying rent regularly until the shop was demolished around 2020-21 for construction of a new shopping complex, completed in 2024. A group of 26 affected lessees, including Krishnaveni, filed W.P. No. 16171/2020 seeking preferential allotment of new shops without public auction. The High Court, by order dated 20.02.2023, directed the respondents to give preferential treatment. Accordingly, 26 out of 40 shops were reserved for the said lessees, and the remaining 14 were put up for public auction. Krishnaveni passed away on 22.07.2021, and the petitioner, her legal heir, submitted representations on 03.03.2025 and 20.03.2025 seeking allotment of a shop from the reserved quota in her stead, but 3/6
no orders were passed.
3. The petitioner contends that he is the legal heir of the deceased original allottee, Krishnaveni, who was one of the 26 writ petitioners entitled to preferential allotment as per the High Court's order. He argues that he had assisted his mother in running the saloon and continues to depend on it for his livelihood. He submitted timely representations seeking allotment of one of the reserved shops on the same terms as prescribed by the Court and even undertook to pay the highest bid amount as rent, but his requests remain unaddressed. He seeks a writ of mandamus directing the respondents to consider his representations and allot a shop in place of his deceased mother from the 26 reserved shops.
4. Learned Government Advocate appearing for the respondents submits that the representation of the petitioner dated 03.03.2025 would be considered on merits, in accordance with law, within a time frame stipulated by this Court.
5. Heard both sides and perused the materials available on record.
6. Without going into the merits of the case, the third respondent is 4/6
directed to consider the representation of the petitioner dated 03.03.2025 after conducting a detailed enquiry by giving due notice to the petitioner, affording an opportunity of personal hearing, taking into consideration all the relevant documents submitted by the petitioner in regard to the subject matter property and pass appropriate orders on merits, in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.
In the result, the writ petition stands disposed of with the above observations and direction. No costs.
25-07-2025 cda/dsn To 1.The District Collector, Dharmapuri District, Dharmapuri.
2.The Assistant Director of Town Panchayat, Collectorate, Dharmapuri District, Dharmapuri.
5/6
N.MALA J.
cda/dsn 3.The Executive Officer, Pennagram Town Panchayat, Pennagram Taluk, Dharmapuri District.
4.The Chairman, Pennagram Town Panchayat, Pennagram Taluk, Dharmapuri District.
25-07-2025 6/6