N.Isairaman v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.04.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN N.Isairaman ... Petitioner Vs.

1. The Commissioner, Tirunelveli City Municipal Corporation, Tirunelveli City.

2. The Assistant Commissioner, Palayamkottai Zone, Tirunelveli City Municipal Corporation, Tirunelveli City.

3. A.J.M.Solomon, President, Gandhi Market Traders, United Association, No.23/1, Mahathma Gandhi Daily Market, Palayamkottai, Tirunelveli.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to remove the unauthorized construction of shops put up by the 3rd respondent in Mahatma Gandhi Market, Palayamkottai Tirunelveli and restore it as earlier based on 1/4

petitioner's representation dated 08.04.2026 within a reasonable time fixed by this Court.

For Petitioner : Mr.V.M.Jegadeeshapandian For R1 & R2 : Mr.R.Baskaran Additional Advocate General, assisted by Mr.A.Sivanupandian, Standing Counsel

ORDER

(Judgment of the Court was made by N.SATHISH KUMAR, J.) The prayer in this writ petition is to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to remove the unauthorized construction of shops put up by the 3rd respondent in Mahatma Gandhi Market, Palayamkottai Tirunelveli and restore it as earlier based on petitioner's representation dated 08.04.2026 within a reasonable time by this Court.

2. It is the grievance of the petitioner that the 3rd respondent is damaging the existing shops of the corporation and without getting prior permission, is putting up temporary sheds and also sub-letting the shops. Hence, this writ petition.

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3.

Learned Additional Advocate General appearing for the respondent Corporation would submit that shops have been allotted to the existing tenants in the new construction as per the orders of the Division Bench dated 25.07.2025 in W.P(MD)No.20456 of 2025 and their lease period will end in July 2027. He would submit that the present petitioner is a friend of one of the persons who failed in auction.

3. Considering the said submission, we are of the view that since shops have been given to the existing tenants in the new construction as per the abovesaid order of the Division Bench, even assuming there is any unauthorised construction by the 3rd respondent in the corporation building, it is for the corporation to look into it and take action as per law. A blanket mandamus by way of public interest litigation cannot be issued. Hence, we do not find any merit in this writ petition.

4. Accordingly, the Writ Petition is dismissed. No costs. [N.S.K., J.] & [M.J.R., J.] 20.04.2026 Index : Yes / No : Yes / No bala 3/4

N.SATHISH KUMAR , J.

AND M.JOTHIRAMAN, J.

bala To

1. The Commissioner, Tirunelveli City Municipal Corporation, Tirunelveli City.

2. The Assistant Commissioner, Palayamkottai Zone, Tirunelveli City Municipal Corporation, Tirunelveli City.

ORDER MADE IN DATED :

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