Selvan Sundar Rao v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.34610 of 2025 Selvan Sundar Rao

...Petitioner

Vs 1.The Commissioner, Tirunelveli Corporation, Tirunelveli - 627 001 Tirunelveli District.

2. The Assistant Commissioner, Melapalayam Zone, Tirunelveli Corporation, Tirunelveli - 627 001, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of declaration, declaring that the petitioner, in respect of Shop No.N-12 situated in the New Bus Stand, Tirunelveli, 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 Hon'ble Supreme Court in SLP (C) Nos.27248 - 27249 of 2023, dated 13.12.2023, and consequently declare 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.S.Srikanth For Respondents : Mr.A.Sivanupandian Standing Counsel

O R D E R

The present Writ Petition has been filed by the lessee of Shop No.N.12, who has taken the shop on lease from Tirunelveli Corporation, seeking a declaration that the corporation should not demand more than Rs.140/- per square feet, in view of the direction issued by the Hon'ble Supreme Court in SLP (C) Nos.27248- 27249 of 2023, dated 13.12.2023.

2. According to the learned counsel appearing for the writ petitioner, despite a direction issued by the Hon'ble Supreme Court in the above said SLP (C) Nos.27248- 27249 of 2023, dated 13.12.2023, the corporation is demanding more amount than Rs.140/- per square feet.

3. In view of the direction issued by the Hon'ble Supreme Court, the respondents are directed to re-fix the rent at the rate of Rs.140/- per square feet, per month and they are directed to adjust the rental amount already collected from the petitioner, if any, during the period between January 2022 and May 2025 payable by the petitioner.

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4. With the above said observation, this Writ Petition stands allowed. There shall be no order as to costs.

01.12.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To 1.The Commissioner, Tirunelveli Corporation, Tirunelveli - 627 001, Tirunelveli District.

2. The Assistant Commissioner, Melapalayam Zone, Tirunelveli Corporation, Tirunelveli - 627 001, Tirunelveli District.

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R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.34610 of 2025 01.12.2025 4/4