Prabhu v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD)Nos.17749 and 17750 of 2025 in W.P.(MD)No.22637 of 2025 and W.M.P.(MD)Nos.17808 and 17820 of 2025 in W.P.(MD)No.22755 of 2025 1.Prabhu 2.Gowthamipiriyadharshini 3.Saravanan ... Petitioners in W.P.(MD)No.22637 / 2025 Priyadharshini ... Petitioner in W.P.(MD)No.22755 / 2025 -vs1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Municipal Administration and Water Supply Department, St. Fort George, Chennai - 600 009.
2.The Director, Directorate of Municipal Administration, Santhome High Road, MRC Nagar, Chennai - 600 028.
3.The District Collector, Ramanathapuram District.
4.The Commissioner, Ramanathapuram Municipality, Ramanathapuram District.
... Respondents in both the W.Ps.
Prayer in both the W.Ps.:- Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned notification issued by the fourth respondent in Na.Ka.No.034/2025/A1 dated 01.08.2025 and quash the same and consequently, to direct the fourth respondent to allot a shop each to the petitioners in new bus stand, Ramanathapuram District.
For Petitioners in both the W.Ps. : Mr.K.Navaneetharaja For R1 to R3 in W.P.(MD)No.22637 / 2025 : Mr.D.Ghandiraj Special Government Pleader For R1 to R3 in W.P.(MD)No.22755 / 2025 : Mr.K.R.Badurus Zaman Government Advcoate For R4 in both the W.Ps.
: Mr.K.Saravanan Standing Counsel COMMON ORDER The petitioners have filed the present Writ Petitions challenging the impugned auction notice dated 01.08.2025, issued by the fourth respondent / the
Commissioner, Ramanathapuram Municipality, Ramanathapuram District, bearing reference Na.Ka.No.034/2025/A1.
2. By the impugned auction notice, the rights in respect of 18 remaining shops out of 100 shops are proposed to be auctioned on 20.08.2025 [tomorrow].
3. The learned counsel for the petitioners submits that the impugned auction notice does not factor in the priority contemplated under Rule 316(11)(c) of the Tamil Nadu Urban Local Bodies Rules, 2023 [hereinafter referred to as ''the Rules''], which mandates that 5% of the shops be allotted to persons with disabilities who are willing to match the highest bid.
4. It is further submitted that this 5% reservation should be reckoned from the total of 100 shops and not just the 18 remaining shops, and hence five shops ought to be allocated on a priority basis to eligible persons with disabilities, willing to match the highest bid.
5. The aforesaid submission of the learned counsel for the petitioners appears to be reasonable. Accordingly, there shall be a direction to the fourth respondent / Commissioner, Ramanathapuram Municipality, to implement Rule 316(11)(c) of the Rules while finalizing the offers.
6. These Writ Petitions stand disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petitions are closed. NCC : Yes / No 19.08.2025 Index : Yes / No (2/2) smn2 Note:- Issue order copy on 19.08.2025.
To:- 1.The Principal Secretary to Government of Tamil Nadu, Municipal Administration and Water Supply Department, St. Fort George, Chennai - 600 009.
2.The Director, Directorate of Municipal Administration, Santhome High Road, MRC Nagar, Chennai - 600 028.
3.The District Collector, Ramanathapuram District.
4.The Commissioner, Ramanathapuram Municipality, Ramanathapuram District.
C.SARAVANAN , J.
smn2 Common order in W .P.(MD)Nos.22637 and 22755 of 2025 19.08.2025 (2/2)