Madras High CourtWP(MD)/5158/2026allowed

Jancy v. The Commissioner

2026-02-25Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2026

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.5158 of 2026 Jancy ... Petitioner Vs.

1.The Commissioner, Tirunelveli Corporation, Tirunelveli, Tirunelveli District-627001.

2.The Assistant Commissioner, Melapalayam Zone, Tirunelveli Corporation, Tirunelveli, Tirunelveli District-627001.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Declaration, declaring that the petitioner, in respect of Shop No.94 situated in the New Bus Stand, Tirunelveli, is entitled to pay lease rental at the rate of Rs.140/- (Rupees One Hundred and Forty only) per sq.ft. per month, in terms of the directions issued by the Honble Supreme Court in SLP (C) Nos.27248-27249 of 2023 dated 13.12.2023 and consequently declare that any demand made by the respondents for payment of rent at any rate higher than Rs.140/- per sq.ft. is illegal, arbitrary, discriminatory and unenforceable. 1/4

For Petitioner :

Mr.J.Yogeswaran For Respondents :

Mr.A.Sivanupandian, Standing Counsel

O R D E R

The present Writ Petition has been filed by the lessee of Shop No.94, who has taken the shop on lease from Tirunelveli Corporation, seeking a declaration that the corporation should not demand more than Rs.140/- per square feet, in view of the direction issued by the Hon'ble Supreme Court in SLP (C) Nos.27248- 27249/2023, dated 13.12.2023.

2. According to the learned counsel appearing for the writ petitioner, despite a direction issued by the Hon'ble Supreme Court in the above said SLP (C) Nos.27248-27249/2023, dated 13.12.2023, the corporation is demanding more amount than Rs.140/- per square feet.

3. In view of the direction issued by the Hon'ble Supreme Court, the respondents are directed to re-fix the rent at the rate of Rs.140/- per square feet, per month and they are directed to adjust the rental amount already collected from the petitioner, if any, during the period between January 2022 2/4

and May 2025 payable by the petitioner.

4. With the above said observation, this Writ Petition stands allowed. There shall be no order as to costs.

25.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No pal To 1.The Commissioner, Tirunelveli Corporation, Tirunelveli, Tirunelveli District-627001.

2.The Assistant Commissioner, Melapalayam Zone, Tirunelveli Corporation, Tirunelveli, Tirunelveli District-627001.

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R.VIJAYAKUMAR,J.

pal W.P(MD)No.5158 of 2026 25.02.2026 4/4