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Madras High CourtWP/19357/2026disposed of

N.Ranganathan v. The Secretary

2026-05-13Honourable Mrs.Justice L.Victoria Gowri7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI AND WMP NO. 20630 OF 2026

1. N.Ranganathan S/o.Natarajan No.15/A, 2nd Street, 6th Cross Street, 2nd Main Road Azhagammal Nagar, Nerukundram Tiruvallur District - 600 107.

2. S.Perumal S/o.Suppurayan 101, Thiruvalluvar Salai, Nerukundram Tiruvallur District - 600 107.

3. V.Rajasekar S/o.Venkatesan No.41, Alagammal Nagar, 3rd street Nerkundram Tiruvallur District -600 107.

4. A.Thangaraj S/o.Annamalai No.15, 2nd Street, Jayalakshmi Nagar Nerkundram Tiruvallur District -600 107.

5. S.Pandian S/o.Subramani No.71A, 1st Main Road Muniappa Nagar, Nerkundram chennai District -600 107.

..Petitioners

Vs

1. The Secretary Housing and Urban Development Department Secretariat, Chennai-09.

2. The Member Secretary Chennai Metropolitan Development Authority CMDA office, No.1, Gandhi Irwin Salai Egmore, Chennai-600 008.

3. The Chief Administrative Officer Market Management Committee Chennai Metropolitan Development Authority Koyambedu Wholesale Market Complex Koyambedu Commercial Complex, Chennai-600 107.

4. P.Natarajan S/o.Palani Godown No.E-88, Vegetable Market Koyambedu Wholesale Market Complex Chennai.

..Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent 1 to 3 not to vacate the premises in Godown No.E-88, Vegetable Market, Koyambedu, Wholesale Market complex, Chennai by considering petitioners' representation dated 6.5.2026 in view of the postponement of the public auction scheduled on 8.5.2026 without assigning any further date under the due process law and pass orders

For Petitioners:

Mr.M.Venkatesh For Respondents:

Mr.LSM.Hasan Fizal Additional Government Pleader for R1 Mr.B.Sanjay Balachandran Standing Counsel for CMDA (R2 & R3)

ORDER

Seeking to direct the respondents 1 to 3 not to vacate the premises in Godown No.E-88, Vegetable Market, Koyambedu, Wholesale Market Complex, Chennai, by considering the petitioners' representation dated 06.05.2026, in view of the postponement of the public auction scheduled on 08.05.2026, without assigning any reason, this writ petition is filed.

2. The original allottee of the premises in Godown No.E-88 had sub-let the premises to the petitioners herein, and they have been carrying on business in the said property. The respondents intends to conduct a public auction in respect of Godown No.E-88.

3.The learned counsel for the petitioners would submit that earlier the public auction was scheduled to be held on 22.04.2026 and the same was postponed to 08.05.2026, however, on the said date, the auction did not take place. He would further submit that the auction is likely to be conducted within a week. The

petitioner had sent a representation on 07.05.2026 to the respondents seeking to grant time to vacate the subject premises. However, there is no response from the respondents. Hence, the petitioner sought for indulgence of the Court seeking to consider his representation and to prevent the respondent authorities from initiating any action to vacate the premises.

4. The learned Standing Counsel appearing for the CMDA / respondents 2 and 3 submitted that the auction could not take place on the said date, due to the concluded Tamil Nadu Legislative Assembly Election. He further added that it is not possible to permit the petitioners to continue in possession after the date of auction, however, they may be permitted to occupy the premises till the date of auction.

5. Heard the learned counsel on either side and also perused the records available before the Court.

6. Earlier, the petitioners were directed to vacate the premises at Godown No.E-88, Vegetable Market, Koyambedu, Wholesale Market Complex, Chennai, on 22.04.2026. On the said date, the petitioners have approached this Court in W.P. No.15724 of 2024 and had given an undertaking before this Court, that they would vacate the premises within a period of three weeks. Having not complied with the same and seeking extension of time to vacate the

premises, the petitioners are now before this Court.

7. Today, the learned counsel appearing for the petitioners on instructions has given an undertaking that the petitioners would vacate the premises on the date of auction, subject to receipt of prior notice from the respondents intimating the date of auction.

8. In view of the submissions made by the learned counsel on either side and also recording the undertaking given by the petitioners that they would vacate the shop at Godown No.E-88, on the date of auction, a mandamus is issued to respondents 3 and 4 to issue prior notice to the respondents before the date of auction, and the petitioners are also directed to vacate the shop at Godown No.E-88, on the date of auction, which is likely to be conducted at the earliest.

9. In the above terms, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 13-05-2026 Index: Yes/No Speaking/Non-speaking order DS/VRC

To:

1. The Secretary Housing and Urban Development Department Secretariat, Chennai-09.

2. The Member Secretary Chennai Metropolitan Development Authority CMDA office, No.1, Gandhi Irwin Salai Egmore, Chennai-600 008.

3. The Chief Administrative Officer Market Management Committee Chennai Metropolitan Development Authority Koyambedu Wholesale Market Complex Koyambedu Commercial Complex, Chennai-600 107.

L.VICTORIA GOWRI J.

DS AND WMP NO. 20630 OF 2026 13-05-2026