Kathiravan Vidiyal Mahalir Self-Help Group Represented By Its President, v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.24162, 24164 and 24166 of 2025 Kathiravan Vidiyal Mahalir Self-Help Group, Represented by its President, Latha, W/o.Late Soundarapandiyan, Having registered office at No.33, Perumalpuram, Tuticorin-628 003.

... Petitioner Vs.

1.The Chairman, V.O. Chidambaranar Port Authority, Tuticorin - 628 004.

2.The Estate Officer, V.O.C.Chidambaranar Port Authority, Tuticorin - 628 004.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the in impugned order CIV-OFCES-ALTWOMEN-V1-13 (SAP-50836)D 3342 dated 23.10.2025 on the file of the 2nd Respondent and quash the same and further directing the Respondents to permit the Petitioner to occupy the shop premises in shop 1/6

No.12 and 14, New Shopping Complex, (Zone A) Harbour Estate, Tuticorin District on payment of rent till the conclusion of the upcoming tender process to be initiated by the 1st Respondent. For Petitioner : Mr.K.Jeyamohan, For Ms.M.Anantha Devi.

For Respondents : Mr.A.Arivuchandran

ORDER

Heard both sides.

2.The writ petitioner is a self-help group. They have been running a snacks bar in the petition mentioned premises for more than 22 years. Their license period came to an end on 30.09.2025. A fresh tender was called for. The petitioner took part. The petitioner turned out to be the highest bidder. On account of technical issues, the tender process was cancelled. The respondents propose to hold a fresh tender. In the meanwhile, the impugned eviction order was passed. The said order is appealable before the District Court under Section 9 of Tamil Nadu Public Premises (Eviction of Unauthorized Occupation) Act, 1971. The petitioner can very avail the said remedy.

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3.The learned counsel for the petitioner states that within ten days from the date of receipt of a copy of this order, the petitioner will file an appeal.

4.The respondents propose to hold a fresh tender. The petitioner can very well take part in the said process, even while mounting a challenge to the impugned eviction order dated 23.10.2025. Since the petitioner has undertaken before this Court to file an appeal before the District Court, the impugned eviction order shall not be enforced for a period of eight weeks. The petitioner can file seek interim relief before the appellate authority. The interim application shall be disposed of by the jurisdiction District Court within a period of four weeks from the date of filing of the interim application. In any event, the interim application would be disposed of well before the expiry of eights weeks now given by this Court. All the contentions of the both parties are left open. An interim protection has been given to the petitioner considering the long length of occupation. The amenities enjoyed by the petitioner shall not be interfered with in the meanwhile. I have not gone into the merits of the matter.

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5.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 31.10.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 4/6

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G.R.SWAMINATHAN, J.

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