R.Anbazhagan v. The Executive Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2026
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.20958 and 20959 of 2026 R.Anbazhagan ... Petitioner in W.P.19640 of 2026 N.Duraiswamy ... Petitioner in W.P.20566 of 2025 Vs.
The Executive Officer, Pennagaram Town Panchayat, Pennagaram, Dharmapuri District.
... Respondent in W.P.19640 of 2026 1.The Director of Town Panchayat, Directorate of Town Panchayats, 7th and 8th Floor, Urban Administrative Campus, Chennai - 600 028.
2.The District Collector, District Collectors Office, Dharmapuri District - 636 705.
3.The Assistant Director - Town Panchayat, District Collectors Office, Dharmapuri District - 636 705.
4.The Executive Officer, Pennagaram Town Panchayat, Pennagaram Taluk, Dharmapuri District - 636 810.
... Respondents in W.P.20566 of 2025 1/7
Prayer in W.P.No.19640 of 2026:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order passed by the respondent in his proceedings Na.Ka.No.60/2025/A1, dated 03.10.2025 and quash the same and consequently directing the respondent to refix the monthly lease amount by taking note of order made in W.P.Nos.38629 of 2025 & etc., dated 25.02.2026.
Prayer in W.P.No.20566 of 2025:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents no.2 to 4 to allot the hotel shop in the commercial shopping complex in the Pennagaram Bus Stand as per the guidelines fixed by this Hon'ble Court in W.P.No. 16171 of 2020 Final Order dated 20.02.2023 based on the representation of the petitioner dated 05.03.2025. For Petitioners : Mr.C.Prakasam in W.P.No.19640 of 2026 Mr.D.Senthil Kumar in W.P.No.20566 of 2025 For Respondents : Mr.M.Sivavarthanan Government Counsel in both W.Ps.
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C O M M O N O R D E R W.P.No.19640 of 2026 has been filed seeking issuance of Writ of Certiorarified Mandamus, calling for the entire records relating to the order passed by the respondent in his proceedings Na.Ka. No.60/2025/A1, dated 03.10.2025 and quash the same and consequently directing the respondent to refix the monthly lease amount by taking note of order made in W.P.Nos.38629 of 2025 etc., dated 25.02.2026.
2.W.P.No.20566 of 2025 has been filed seeking issuance of Writ of Mandamus, directing the respondents 2 to 4 to allot the hotel shop in the commercial shopping complex in the Pennagaram Bus Stand as per the guidelines fixed by this Court in W.P.No.16171 of 2020 dated 20.02.2023 based on the representation of the petitioner dated 05.03.2025.
3.The respective learned counsel appearing for the petitioners submitted that the petitioner in W.P.19640 of 2026 was running a hotel and the petitioner in W.P.20566 of 2025 was running a hotel shop at Pennagaram Bus Stand in Dharmapuri District for several 3/7
years. The Pennagaram Town Panchayat decided to construct shopping complex in the Pennagaram Bus Stand by demolishing the existing buildings. The petitioners made representation to the respondent seeking to allot shops in the proposed shopping complex to be constructed in the Pennagaram Bus Stand and since the respondent tried to go for public auction, the petitioners along with similarly situated persons filed W.P.No.16171 of 2020 and this Court vide order dated 20.02.
2023 directed the respondent to go for public auction for 14 shops out of 40 shops and to reserve 26 shops for preferential treatment to the petitioners and further directed that the highest bid amount in the auction conducted for 14 shops can be taken as rent for allotment to the petitioners based on preferential rights and the petitioners are ready and willing to pay the rent as fixed by the Pennagaram Town Panchayat, however, the respondent refused to allot hotel shop to the petitioner in W.P.20566 of 2025 and issued the impugned order to the petitioner in W.P.19640 of 2026. 4.
W.P.No.16171 of 2020 dated 20.02.2023 (26 tenants), W.P.No.771 of 2016 dated 01.09.2016 (5 tenants), W.P.No.23505 of 2025 dated 07.09.2023 (3 tenants) and W.P.No.3450 of 2024 (1 tenant) and 23 shops have been earmarked for allotment to differently abled persons and there exists one constructed hotel building. Hence, this Court may issue direction to the respondents to go for public auction in respect of the hotel building constructed by the Pennagaram Town Panchayat in which the petitioners are entitled to participate. If the petitioners prefer to pay highest amount as per the auction, hotel shops will be allotted to the petitioners.
5.Heard both side and perused the materials available on record.
6.Any public property has to be disposed only by way of public auction. There is no provision available to the Panchayat to allot the land or building on preferential basis. The respondents are directed to go for public auction by issuing public notice, follow the procedure contemplated in the applicable Government Order and conclude the auction proceedings within a period of two months from the date of receipt of a copy of this order.
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7.The writ petitions are disposed of.
No costs.
Consequently, the connected miscellaneous petitions are closed. 16.06.2026 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Director of Town Panchayat, Directorate of Town Panchayats, 7th and 8th Floor, Urban Administrative Campus, Chennai - 600 028.
2.The District Collector, District Collectors Office, Dharmapuri District - 636 705.
3.The Assistant Director - Town Panchayat, District Collectors Office, Dharmapuri District - 636 705.
4.The Executive Officer, Pennagaram Town Panchayat, Pennagaram Taluk, Dharmapuri District - 636 810.
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M.DHANDAPANI,J.
pri And W.M.P.Nos.20958 and 20959 of 2026 16.06.2026 7/7