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Madras High CourtWP/22444/2026disposed of with direction

K.Shankar v. The Commissioner

2026-06-22Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2026

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.24363 of 2026 K.Shankar ... Petitioner Vs.

The Commissioner, Rasipuram Municipality, Namakkal District.

... Respondent Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the entire records pertaining to the impugned order passed by the respondent vide Na.Ka.No.517/24/A2 dated 01.06.2026 with respect to Serial No.4 inviting fresh auction for Rasipuram Bus Stand Weekly Market Auction and to quash the same with consequential injunction restraining the respondent from disturbing the petitioner from collection of toll fee as per the terms and conditions of the lease, till the completion of lease period i.e. 31.03.2027. For Petitioner : Mr.S.Senthil For Respondent : Mr.M.Sivavarthanan Government Counsel 1/5

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus to call for the entire records pertaining to the order passed by the respondent vide Na.Ka.No.517/ 24/A2 dated 01.06.2026 with respect to Serial No.4 inviting fresh auction for Rasipuram Bus Stand Weekly Market Auction and to quash the same with consequential injunction restraining the respondent from disturbing the petitioner from collection of toll fee as per the terms and conditions of the lease, till the completion of lease period i.e. 31.03.2027.

2.The learned counsel appearing for the petitioner submitted that the petitioner was declared as the successful bidder in the public auction conducted by the respondent on 28.02.2024 for lease relating to collection of fees/toll in the weekly market functioning on very Tuesday at Rasipuram Bus Stand, Rasipuram Municipality, Namakkal District for a period of 3 years from 01.04.2024 to 31.03.2027, pursuant to which, the petitioner paid a sum of Rs.9,15,000/- towards annual lease amount, inclusive of 18% GST. Though the license was initially granted for a period of one year, the same had been 2/5

periodically renewed by the petitioner.

3.The learned counsel appearing for the petitioner further submitted that one of the conditions in the licence dated 28.02.2024 is that the lease amount shall be enhanced at 5% per annum and consequentially, the petitioner also paid the enhanced lease amount of Rs.9,60,750/- for the period from 01.04.2025 to 31.03.2026. Thereafter, the respondent issued letter dated 06.03.2026 calling upon the petitioner to pay a sum of Rs.11,92,870/- and the petitioner made reply dated 12.03.2026 to the respondent stating that he will pay a sum of Rs.6,92,870/- and sought to adjust the remaining sum of Rs.5 Lakhs deposited as security and paid the sum of Rs.6,92,870/- and the respondent also issued sanction vide proceedings dated 11.05.2026 for the period from 01.04.2026 to 31.03.2027, however, without considering the said proceedings, the respondent has proceeded to issue the present impugned public auction notice calling for auction for the weekly market Rasipuram Municipality for the period from 2026-27 to 2028-29.

4.The learned Government Counsel appearing for the respondent submitted that this Court vide order dated 15.06.2026 in 3/5

W.M.P.No.24363 of 2026 in W.P.No.22444 of 2026 granted an order of interim stay, pursuant to which, the respondent issued proceedings dated 19.06.2026 stating that the tender and public auction have been postponed and also confirmed the lease granted in favour of the petitioner. The learned Government Counsel further submitted that this Court may grant liberty to the respondent to enter into amicable settlement with the petitioner.

5.Recording the submission made by the learned Government Counsel appearing for the respondent, this writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

22.06.2026 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To The Commissioner, Rasipuram Municipality, Namakkal District.

4/5

M.DHANDAPANI,J.

pri And W.M.P.No.24363 of 2026 22.06.2026 5/5