Motchamary v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR Writ Petition(MD)No.5222 of 2026 Motchamary .. Petitioner Vs 1.The Commissioner, Dindigul Corporation, Dindigul.

2.The Executive Engineer, Dindigul Corporation, Dindigul.

3.The Assistant Executive Engineer, Public Works Department, Dindigul.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to forbear the respondents to interfere the peaceful enjoyment as tenant of the petitioner's shop without following due process of law. For Petitioner : Mr.P.Manikandan For Respondents : Mr.J.Lawrence Standing Counsel for R1 Mr.S.S.Madhavan Spl. Govt. Pleader for R2 and R3 1/4

ORDER

The petitioner is before this Court seeking a direction to the respondents to forbear from interfering with his peaceful possession and enjoyment of the shop as a tenant, except in accordance with due process of law.

2.The petitioner claims to have been in possession of the shop for the past 40 years and states that the licence granted in his favour is valid up to March 2027. It is his grievance that, without following due process of law, the respondents have demolished the shops. 3.The learned Standing Counsel for the third respondent submitted that the shops allotted to the petitioner and others in the Fish Market were demolished on the ground that they were in a dilapidated condition, and that a new complex is proposed to be constructed for allotment of shops through a public auction. It was further submitted that preference would be given to the petitioner, in the event he participates in the auction for allotment of shops in the new Fish Market Complex.

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4.The said submission is placed on record.

5.In view of the above, this writ petition is disposed of with a direction to the respondents to give due preference to the petitioner, in the event he participates in the auction to be conducted for allotment of shops in the new Fish Market Complex. The respondents are also directed to consider providing an alternative shop to the petitioner in the temporary Fish Market area, if the petitioner makes an application in this regard. Upon receipt of such application, respondents 1 and 2 shall consider the same and pass appropriate orders within a period of two (2) weeks. No costs.

06.04.2026 NCC : Yes/No Index : Yes/No Internet:Yes skn To

1. The Executive Engineer, Dindigul Corporation, Dindigul.

2.The Assistant Executive Engineer, Public Works Department, Dindigul.

3.Executive Officer, Ilayangudi Town Panchayat, Ilayangudi, Sivagangai District.

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HEMANT CHANDANGOUDAR, J.

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