Suresh v. The Commissioner

1 W.P.(MD)NO.9630 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.06.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MS.JUSTICE R.POORNIMA W.P.(MD)No.9630 of 2022 and W.M.P.(MD)No.6911 of 2022 Suresh ... Petitioner Vs.

1. The Commissioner, Madurai Corporation, Madurai.

2. The Assistant Commissioner(Revenue), Madurai Corporation, Madurai.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned order passed by the second respondent dated 27.04.2022 in A3/000306/2022 and to quash the same.

For Petitioner : Mr.K.Sudalaiyandi For Respondents : Mr.S.Vinayak, Standing counsel.

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2 W.P.(MD)NO.9630 OF 2022

O R D E R

(Order of the Court was delivered by G.R.SWAMINATHAN, J.) Heard both sides.

2. The writ petitioner herein has challenged the impugned order dated 27.04.2022 calling upon him to vacate the petition mentioned shop.

3. The learned Standing counsel appearing for the Corporation points out that the impugned order is only a consequential proceeding and that the petitioner has failed to challenge the primary order dated 05.01.2022. A copy of the primary order has been enclosed in the typed set of papers. It is seen therefrom that the shop in question was licensed in favour of one Subbammal. However, it is the petitioner who is in occupation. Subbammal is said to have passed away long back. The petitioner claims that he is her grandson. The Corporation officials called upon the petitioner to produce proof that he was not a sub-licensee but the legal heir of Subbammal. The petitioner was not in a position to produce any proof that he is a legal 2/4

3 W.P.(MD)NO.9630 OF 2022 heir of Subbammal. Therefore, the impugned communication being a direct fallout of the earlier communication dated 05.01.2022, cannot be quashed. We sustain the same.

4. However taking note of the fact that the petitioner is a differently abled individual, we permit the petitioner to approach the Commissioner, Madurai Corporation with all relevant papers. It is for the Commissioner to satisfy himself about the sustainability of the petitioner's claim. We make no remark or comment on that. The issue is left entirely to the discretion of the Commissioner of Madurai Corporation. With the aforesaid liberty, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.SWAMINATHAN, J.) & (R.POORNIMA, J.) 01st June 2026 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 3/4

4 W.P.(MD)NO.9630 OF 2022 G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

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