Sivagaminathan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR Sivagaminathan ... Petitioner vs.

1.The Commissioner, Tirunelveli Corporation, Tirunelveli - 627001, Tirunelveli District.

2.The Assistant Commissioner, Melapalayam Zone Tirunelveli Corporation, Tirunelveli 627001, 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.115 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) No.27248-27249/2023 dated 13.12.2023, and 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.Karuppu Samy For Respondent :Mr.A.Sivanupandian *****

O R D E R

The present writ petition has been filed by the lessee of shop No. 115, 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 12.06.2026 Internet :Yes / No NCC :Yes / No cmr To 1.The Commissioner, Tirunelveli Corporation, Tirunelveli - 627001, Tirunelveli District.

2.The Assistant Commissioner, Melapalayam Zone Tirunelveli Corporation, Tirunelveli 627001, Tirunelveli District.

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HEMANT CHANDANGOUDAR, J.

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