C.S.Nandhakumar, v. Election Commission Of India (Eci),

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2026 CORAM :

THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.Nos.16743 and 16744 of 2026 C.S.NandhaKumar, S/o Shanmugam, No.2/35, Sikkathimmanaalli, A Sappanipatti, Adilam, Dharmapuri, Tamil Nadu-635 205 Petitioner Vs 1.Election Commission of India (ECI), Rep. by its State Election Officer of Tamil Nadu, Public (Elections) Department, Secretariat, Fort St George, Chennai - 600 009.

2.The Government of Tamil Nadu, Rep. by its Secretary, Housing and Urban Development Department Fort. St. George, Secretariat, Chennai-600 009.

3.The Chennai Metropolitan Development Authority, Rep. by its Member Secretary, No.1, Gandhi Irwin Road, Egmore, Chennai- 600 008.

4.The Chennai Metropolitan Development Authority, Rep. by its Superintending Engineer, Circle -I, CW, CMDA, Koyambedu, Chennai- 600 107.

5.Market Committee, Rep. by its Chief Administrative Officer, Koyambedu Wholesale Market Complex, Koyambedu, Chennai.

Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling of the records of the 4th respondent vide Tender cum Auction notification dated 14.03.2026 and quash the same and further direct the respondents 2 to 5 to defer all further action in respect of the properties of the 3rd respondent till the formation of the New Government in the State of Tamil Nadu.

For Petitioner:

Mr. M.Raja Sekhar For Respondents:

Mr. Niranjan Rajagopalan Standing Counsel for R1 Mr. J.Ravindran Addl. Advocate General assisted by Mrs.E.Ranganayaki Addl. Government Pleader for R2 and R5

Mr. P.Kumaresan Addl. Advocate General assisted by Mrs.P.Veena Suresh Standing Counsel for R3 and R4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard.

2. This writ petition, styled as public interest litigation, filed under Article 226 of the Constitution of India challenges the tendercum-auction notification dated 14.3.2026 issued by the fourth respondent with a further direction to respondents 2 to 5 to defer all further action in respect of the properties of the third respondent till the formation of new Government in the State of Tamil Nadu.

3. Learned counsel for the petitioner assails the impugned notification mainly on the ground that in view of the ensuing assembly election in the State of Tamil Nadu, the tender cannot be finalized in the light of the guidelines issued by the Election Commission of India, particularly, Clause 17, which provides that tenders other than global tenders, that are already floated may be evaluated, but not finalized

without prior approval of the Commission. If they are not already floated, they shall not be floated without prior approval of the Commission. He would submit that, in this particular case, the authorities have not complied with Clause 17 and have not sought permission and the tender is likely to be opened on 29.04.2026.

4. Learned Additional Advocates-General appearing for respondents 2 and 5 and respondents 3 and 4, respectively, submit that the tender will not be finalized without seeking approval of the Election Commission of India.

5. In view of the said submission made by learned Additional Advocates-General, nothing survives for adjudication in this writ petition. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

(SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN,J) 21.04.2026 Index :

Yes/No :

Yes/No bbr

To:

1.State Election Officer of Tamil Nadu, Election Commission of India (ECI), Public (Elections) Department, Secretariat, Fort St George, Chennai - 600 009.

2.The Secretary, Government of Tamil Nadu, Housing and Urban Development Department Fort. St. George, Secretariat, Chennai-600 009.

3.The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai- 600 008.

4.The Superintending Engineer, Chennai Metropolitan Development Authority, Circle -I, CW, CMDA, Koyambedu, Chennai- 600 107.

5.The Chief Administrative Officer, Market Committee, Koyambedu Wholesale Market Complex, Koyambedu, Chennai.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN, J.

bbr 21.04.2026