Muthammal @ Muthulakshmi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 11.06.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P(MD)No.11782 of 2026 Muthammal @ Muthulakshmi ... Petitioner Vs.

1. The District Collector, District Collectorate Complex, Tirunelveli District.

2. The District Manager, TASMAC Melapalayam, Station at Munnirpallam, Tirunelveli District.

3. The Superintendent of Police, Office of Superintendent of Police, Tirunelveli District.

...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 open Shop No.10611 which is situated in the petitioners patta land comprised in S. Nos.530/4A and 530/4C1 of Ariyanayagipuram Village, Cheranmahadevi Taluk by considering the petitioner representation dated 05.06.2026 within the stipulated period

of time to be fixed by this Honble Court and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner : Mr.M.Thirunavukkarasu For R1 : M/s.P.Sudarkodi Nachiar Government Standing Counsel For R2 : Mr.S.Sivanesan Standing Counsel For R3 : Mr.I.Murugesan Government Advocate (Crl.Side)

ORDER

The prayer in the writ petition is filed for a mandamus directing the respondents 1 and 2 herein to open Shop No.10611 which is situated in the petitioners patta land comprised in S. Nos.530/4A and 530/4C1 of Ariyanayagipuram Village, Cheranmahadevi Taluk by considering the petitioner representation dated 05.06.2026.

2. Heard the learned counsel on either sides and perused the material records of the case.

3. The case of the petitioner is that merely because she is the landlord and the TASMAC should continue to run the shop in her patta land. No landlord can compel any person or entity to carry on its business in the landlord's premises. If the petitioner is aggrieved by the sudden vacating of the shop, particularly with regard to the refund of advance or any other issue arising out of the lease agreement, she is at liberty to approach the appropriate Civil Court for redressal of her grievances.

4. As far as alternative contention raised by the learned counsel for the petitioner that several TASMAC shops situated in close to schools and other institutions have not been closed and even among the shops identified for closure, some shops have been omitted and others have not yet been enumerated, such a contention cannot by itself confer any right upon the petitioner to seek continuation of the shop in question.

5. In view thereof, the writ petition is disposed of on the following terms:- i. Within a period of two weeks from the date of receipt of the web copy of the order, the petitioner shall make specific representation pointing out to the shops in question and also the violation of siting guidelines.

ii. Upon receipt of the said representation, the same shall be considered by the 1st respondent in the manner known to law and due speaking order shall be passed within a period of 12 weeks from the date of receipt of the representation from the petitioner. iii. No costs. Consequently, connected miscellaneous petition is closed.

11.06.2026 rgm

To

1. The District Collector, District Collectorate Complex, Tirunelveli District.

2. The District Manager, TASMAC Melapalayam, Station at Munnirpallam, Tirunelveli District.

3. The Superintendent of Police, Office of Superintendent of Police, Tirunelveli District.

D.BHARATHA CHAKRAVARTHY , J.

rgm and W.M.P(MD)No.11782 of 2026 11.06.2026