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Madras High CourtWMP(MD)/4040/2026allowed

Tiruchirappalli Burma Market Viyabarigal Sangam v. The Government Of Tamil Nadu

2026-02-26Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.M.P.(MD)No.4040 of 2026 in W.P(MD)No.32415 of 2025 Tiruchirappalli Burma Market Viyabarigal Sangam, Association Registration No.42/88, Represented by its Secretary, Mr.Dhanapal,

...Petitioner

Vs

1. The Government of Tamil Nadu, Represented by its Secretary to Government, Rural Development and Local Administration Department, Fort St.George, Chennai - 600 009.

2. The Commissioner, Tiruchirappalli Corporation, Bharathidasan Salai, Tiruchirappalli - 620 001.

3. The Assistant Commissioner, Ward Group Office-1, Tiruchirappalli Corporation, Tiruchirappalli.

... Respondents PRAYER: Writ Miscellaneous Petition is filed under Article 226 of the Constitution of India, to grant an extension period of three months time to the members' of the petitioner Association to vacate and hand over possession of 1/6

the shops situated at Vaanapattarai street, Teppakulam and Singarathope areas, Tiruchirappalli pursuant to the order dated 05.01.2026 passed in W.P(MD) No. 32415 of 2025.

For Petitioner : M/s.V.R.Shanmuganathan for Mr.R.Elendevan Chandran Jeyabala For Respondents : M/s.R.Baskaran Additional Advocate General assisted by Mr.J.Sriprasad for M/s.R.B.Law Associates * * * * *

ORDER

The writ petition was disposed of on 05.01.2026 wherein the members of the petitioner's Association were directed to vacate and handover possession on or before 28.02.2026 to Tiruchirapalli Corporation.

2. The present application has been filed seeking extension of time till 31.03.2026 on the ground that construction activities have not been completed in the alternative site provided by the Corporation.

3. The learned Additional Advocate General appearing for the respondent Corporation submitted that the petitioner's Association have put up only bank shops in the present locality and they have to shift their bunk shops to the 2/6

alternative site provided to them and therefore, the question of putting up any construction in the alternative site would not arise. Hence, he objected for extension of time till 31.03.2026.

4. The learned Counsel appearing for the writ petitioner submitted that out of 95 Burma Repatriates who are having shops in the locality, only for 72 of the shops have been provided in the alternative sites. He further submits that all the 95 of them, whether the construction is completed or not or whether any alternative site is provided or not, would vacate and handover the same on 31.03.2026.

5. This Court makes it clear that it has not gone into the issue of whether the petitioner is entitled to put up pakka construction in the alternative site or not. Considering the fact that the petitioners have been doing business for so many years, the petitioners have to vacate and handover possession of the shops. The paragraph No.11 of the affidavit is extracted as follows:- "11. I submit that I hereby undertake that 95 members of the petitioner association whose names are listed and annexed to this affidavit will vacate the present place i.e. Singarathope and Theppakulam, on or before 31.03.2026, whether or not, we make the alternative arrangements at the new place." 3/6

6. Considering the above said facts, the order passed by this Court on 05.01.2026 is modified and the members of the petitioner's Sangam are directed to vacate and handover the vacant possession to Tiruchirappalli Corporation on or before 25.03.2026.

7. Accordingly, this writ miscellaneous petition stands closed. No costs. 26.02.2026 RJR 4/6

To

1. The Secretary to Government, Rural Development and Local Administration Department, Fort St.George, Chennai - 600 009.

2. The Commissioner, Tiruchirappalli Corporation, Bharathidasan Salai, Tiruchirappalli - 620 001.

3. The Assistant Commissioner, Ward Group Office-1, Tiruchirappalli Corporation, Tiruchirappalli.

5/6

R.VIJAYAKUMAR , J.

RJR W.M.P.(MD)No.4040 of 2026 in W.P(MD)No.32415 of 2025 26.02.2026 6/6