Madras High CourtWP(MD)/12479/2026allowed

S.P.Maharaja v. The Commissioner

2026-04-27Honourable Mr.Justice Hemant Chandangoudar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR S.P.Maharaja ... Petitioner vs.

1.The Commissioner, Tirunelveli Corporation, Tirunelveli - 627 001, Tirunelveli District.

2.The Assistant Commissioner, Melapalayam Zone, Tirunelveli Corporation, Tirunelveli - 627 001, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Declaration, to declare that the petitioner, in respect of Shop No.88 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, to 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.S.Srikanth For Respondents :Mr.A.Sivanupandian *****

O R D E R

The present writ petition has been filed by the lessee of shop No. 88, who has been allotted of the said shop on lease by Tirunelveli Corporation, seeking a declaration that the demand of Rs.225/- per square feet as lease amount is illegal in the light of the direction issued by the Hon'ble Supreme Court in SLP(C)Nos.27248 and 24249 of 2023 dated 13.12.2023.

2. According to the learned counsel for the writ petitioner, despite a direction issued by the Hon'ble Supreme Court, the Corporation is demanding lease amount in excess of Rs.140/- per square feet.

3. In view of the direction issued by the Hon'ble Supreme Court, the respondents are directed to refix the rent at the rate of Rs.140/- per square feet and directed to adjust the rental amount already collected from the petitioner, if any.

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4. With the above said observation, this writ petition stands allowed.

5. There shall be no order as to costs.

Index :Yes / No 27.04.2026 Internet :Yes / No (2/5) NCC :Yes / No cmr To 1.The Commissioner, Tirunelveli Corporation, Tirunelveli - 627 001, Tirunelveli District.

2.The Assistant Commissioner, Melapalayam Zone, Tirunelveli Corporation, Tirunelveli - 627 001, Tirunelveli District.

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HEMANT CHANDANGOUDAR, J.

cmr 27.04.2026 (2/5) 4/4