Indiran v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2025

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.35385 of 2025 and W.M.P(MD)Nos.28072 & 28073 of 2025 Indiran

...Petitioner

Vs

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

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

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the "Demand Notice" dated 25.06.2025 issued by the 2nd respondent and quash the same and consequently, direct the respondents to refix the rent at the rate of Rs.140/- per sq.ft per month as directed by the Hon'ble Supreme Court of India in respect of other shopkeepers in the order dated 13.12.2023 passed in SLP(C) No.27248-27249 of 2023, to be paid by the petitioner, within a time limit to be fixed by this Court.

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For Petitioner : M/s.S.Srikanth For Respondents : Mr.A.Sivanpandian Standing Counsel

ORDER

The present writ petition has been filed by the lessee of Shop No.N-4, 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. No costs. Consequently, connected writ miscellaneous petitions are also closed. 10.12.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To

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

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

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R.VIJAYAKUMAR , J.

RJR W.P.(MD)No.35385 of 2025 10.12.2025 4/4