D.Rajkumar v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2025

CORAM:

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD).No.35787 of 2025 D.Rajkumar ... 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. 92 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 and pass such further or other orders as this Honble Court may deem fit and proper in the facts and circumstances of the case and thus render justice. 1/4

For Petitioner : Mr.S.Srikanth For Respondents : Mr.A.Sivanu Pandian Standing Counsel

ORDER

The present writ petition has been filed by the lessee of Shop No.92, 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. 2/4

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.

4. With the above said observation, this Writ Petition stands allowed. No costs.

15.12.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/4

R.VIJAYAKUMAR , J.

rgm 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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