Town Panchayat shop lessees sought quashing of tender notices for fresh auction and renewal of leases with 30% rent enhancement. The Court held lessees have no vested right to renewal; auction is permissible. Petitions against the notices were dismissed, but lessees may occupy premises till lease expiry and participate in the tender.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.05.2025
CORAM:
THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN
W.P.(MD) Nos.14161 and 14179 to 14223 of 2025 and
W.M.P(MD)Nos.10460, 10457, 10455, 10453, 10450, 10448, 10447, 10446, 10445, 10443, 10441, 10440, 10439, 10438, 10437, 10436, 10435, 10434, 10433, 10432, 10431, 10430, 10429, 10428, 10427, 10426, 10425, 10424, 10423, 10422, 10421, 10420, 10419, 10418, 10417, 10416, 10415, 10414, 10413, 10412, 10411, 10410, 10409, 10408, 10407, 10406, 10405, 10404, 10403, 10402, 10401, 10400, 10399, 10398, 10397, 0396, 10395, 10394, 10393, 10392, 10391, 10390, 10389, 10388, 10387, 10386, 10385, 10384, 10383, 10382, 10381, 10380, 10379, 10378, 10377, 10376, 10375, 10374, 10373, 10372, 10371, 10370, 10369, 10368, 10367, 10366, 10365, 10364, 10363, 10362, 10361, 10360, 10359, 10358, 10357, 10356, 10355, 10354, 10353, 10352, 10351, 10350, 10349, 10348, 10347, 10346, 10345, 10344, 10343, 10342, 10341, 10340, 10339, 10338, 10337, 10336, 10335, 10334, 10333, 10332, 10331, 10330, 10329, 10328, 10327, 10326, 10325, 10324, 10323, 10322, 10321, 10320, 10319, 10318 and 10317 of 2025
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| 5. A.Ramesh | ... Petitioner in W.P.(MD)No.14182 of 2025 |
|---|---|
| 6. Nallathambi | ... Petitioner in W.P.(MD)No.14184 of 2025 |
| 7. S.Rajendran | ... Petitioner in W.P.(MD)No.14183 of 2025 |
| 8. R.Karthikeyan | ... Petitioner in W.P.(MD)No.14185 of 2025 |
| 9. R.Elangovan | ... Petitioner in W.P.(MD)No.14186 of 2025 |
| 10. V.Thirumurugan | ... Petitioner in W.P.(MD)No.14187 of 2025 |
| 11. R.Krishnamoorthi | ... Petitioner in W.P.(MD)No.14188 of 2025 |
| 12. M.Vigneswaran | ... Petitioner in W.P.(MD)No.14189 of 2025 |
| 13. D.Ganeshraj | ... Petitioner in W.P.(MD)No.14190 of 2025 |
| 14. T.Jeyalakshmi | ... Petitioner in W.P.(MD)No.14191 of 2025 |
| 15. T.Ravi | ... Petitioner in W.P.(MD)No.14192 of 2025 |
| 16. P.Baskar | ... Petitioner in W.P.(MD)No.14193 of 2025 |
| 17. V.Balakrishnan | ... Petitioner in W.P.(MD)No.14194 of 2025 |
| 18. P.Maniraj | ... Petitioner in W.P.(MD)No.14195 of 2025 |
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| 19. R.Krishnamoorthy | ... Petitioner in W.P.(MD)No.14196 of 2025 |
|---|---|
| 20. P.Dhamotharan | ... Petitioner in W.P.(MD)No.14197 of 2025 |
| 21. R.Mangayarkarasi | ... Petitioner in W.P.(MD)No.14198 of 2025 |
| 22. C.Senthilnathan | ... Petitioner in W.P.(MD)No.14199 of 2025 |
| 23. V.Thirumurugan | ... Petitioner in W.P.(MD)No.14200 of 2025 |
| 24. N.Tamilselvan | ... Petitioner in W.P.(MD)No.14201 of 2025 |
| 25. S.Kanagaraj | ... Petitioner in W.P.(MD)No.14202 of 2025 |
| 26. T.Kumaraguruban | ... Petitioner in W.P.(MD)No.14203 of 2025 |
| 27. M.Krishnamoorthi | ... Petitioner in W.P.(MD)No.14204 of 2025 |
| 28. M.Gurunathan | ... Petitioner in W.P.(MD)No.14205 of 2025 |
| 29. R.Chandrathasan | ... Petitioner in W.P.(MD)No.14206 of 2025 |
| 30. S.Mariadoss | ... Petitioner in W.P.(MD)No.14207 of 2025 |
| 31. A.V.Sekar | ... Petitioner in W.P.(MD)No.14208 of 2025 |
| 32. B.Priya | ... Petitioner in W.P.(MD)No.14209 of 2025 |
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| 33. K.Masilamani | ... Petitioner in W.P.(MD)No.14210 of 2025 |
|---|---|
| 34. A.Vetriselvan | ... Petitioner in W.P.(MD)No.14211 of 2025 |
| 35. T.Mohan | ... Petitioner in W.P.(MD)No.14212 of 2025 |
| 36. R.Radhakrishnan | ... Petitioner in W.P.(MD)No.14213 of 2025 |
| 37. M.Giri | ... Petitioner in W.P.(MD)No.14214 of 2025 |
| 38. K.Ramadoss | ... Petitioner in W.P.(MD)No.14215 of 2025 |
| 39. R.Annadurai | ... Petitioner in W.P.(MD)No.14216 of 2025 |
| 40. R.Selvaraj | ... Petitioner in W.P.(MD)No.14217 of 2025 |
| 41. R.Karuppaiah | ... Petitioner in W.P.(MD)No.14218 of 2025 |
| 42. L.Mahendran | ... Petitioner in W.P.(MD)No.14219 of 2025 |
| 43. G.Saravanan | ... Petitioner in W.P.(MD)No.14220 of 2025 |
| 44. K.Saravanan | ... Petitioner in W.P.(MD)No.14221 of 2025 |
| 45. G.Subramanian | ... Petitioner in W.P.(MD)No.14222 of 2025 |
| 46.V.Palraja | ... Petitioner in W.P.(MD)No.14223 of 2025 |
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Vs.
Prayer in W.P.(MD)No.14161 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents herein to allot two shops to the petitioner in the proposed tender auction being held on 15.05.2025 by considering the 20 years continued and uninterrupted tenancy of the petitioner in respect of Shop Nos.1 and 2 in Block No.III under the 2nd Respondent in the same shopping complex by considering the representation given by the Petitioner dated 07.05.2025.
Prayer in W.P.(MD)No.14179 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.3, IDSMT Commercial Complex, Block No.2, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
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Prayer in W.P.(MD)No.14181 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.10, IDSMT Commercial Complex, Block No. 3, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14180 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.3, IDSMT Commercial Complex, Block No.1, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14182 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent 6/32
of the Petitioner's shop No.13, IDSMT Commercial Complex, Block No. 3, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14184 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.4, IDSMT Commercial Complex, Block No.3, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14183 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.7, Orathanadu Bustand Commercial Complex in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 11.05.2025.
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Prayer in W.P.(MD)No.14185 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.3, IDSMT Commercial Complex, Block No.3, First Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14186 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.8 in Orathanadu Bus Stand Chit Fund Commercial Complex in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14187 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.5, IDSMT Commercial Complex, Block No.3, 8/32
Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14188 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.5, IDSMT Commercial Complex, Block No.2, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14189 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.5, Orathanadu Bustand Chit Fund Commercial Complex in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 11.05.2025.
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Prayer in W.P.(MD)No.14190 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.1, IDSMT Commercial Complex, Block No.2, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14191 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.6, IDSMT Commercial Complex, Block No.2, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14192 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent
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of the Petitioner's shop No.3, IDSMT Commercial Complex, Block No.3, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14193 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.7, IDSMT Commercial Complex, Block No.2, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14194 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.8, IDSMT Commercial Complex, Block No.3, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
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Prayer in W.P.(MD)No.14195 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.6, IDSMT Commercial Complex, Block No.3, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14196 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.9, IDSMT Commercial Complex, Block No.1, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14197 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash
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the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.4, IDSMT Commercial Complex, Block No.2, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14198 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.7, IDSMT Commercial Complex, Block No.3, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14199 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.2, IDSMT Commercial Complex, Block No.2, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
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Prayer in W.P.(MD)No.14200 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop Nos.14 & 15, IDSMT Commercial Complex, Block No.3, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14201 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop Nos.8 & 9, Orathanadu Bus Stand Commercial Complex in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14202 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent 14/32
of the Petitioner's shop No1, Orathanadu Bus Stand Commercial Complex in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14203 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.9, IDSMT Commercial Complex, Block No.3, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14204 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.11, IDSMT Commercial Complex, Block No. 1, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
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Prayer in W.P.(MD)No.14205 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.12, IDSMT Commercial Complex, Block No. 3, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14206 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.11, IDSMT Commercial Complex, Block No. 3, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14207 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent
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of the Petitioner's shop No.5, Orathanadu Bus Stand Commercial Complex in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14208 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.15, IDSMT Commercial Complex, Block No. 3, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14209 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.7, IDSMT Commercial Complex, Block No.1, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
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Prayer in W.P.(MD)No.14210 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.6, IDSMT Commercial Complex, Block No.1, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14211 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.10, IDSMT Commercial Complex, Block No. 1, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14212 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.10, Orathanadu Bus Stand Commercial 18/32
Complex in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14213 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.3 in Orathanadu Bus Stand Chit Fund Commercial Complex in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14214 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.4 in Orathanadu Bus Stand Chit Fund Commercial Complex in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
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Prayer in W.P.(MD)No.14215 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.9 in Orathanadu Bus Stand Chit Fund Commercial Complex in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14216 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.14, IDSMT Commercial Complex, Block No. 3, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14217 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.4, Orathanadu Bus Stand Commercial 20/32
Complex in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14218 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.4B in Orathanadu Bus Stand Commercial Complex in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14219 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.1, IDSMT Commercial Complex, Block No.1, Ground Floor in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
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Prayer in W.P.(MD)No.14220 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop in Orathanadu Bus Stand Commercial Complex in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14221 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.7 in Orathanadu Bus Stand Chit Fund Commercial Complex in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
Prayer in W.P.(MD)No.14222 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned notice issued by the 2nd respondent in Na.Ka.No.295/2025/A1 dated 22.04.2025 and quash the same and consequently direct the 2nd respondent to enhance the rent of the Petitioner's shop No.6, Orathanadu Bus Stand Commercial 22/32
Complex in Orathanadu Selection Grade Town Panchayat, Thanjavur District by enhancing 30% and renew the lease period from 2025-2026 to 2027-2028 by considering the petitioner's representation dated 09.05.2025.
| For Petitioner in | : Mr.K.Bala Sundaram |
|---|---|
| W.P.(MD)No.14161 of 2025 |
Senior Counsel |
| For Petitioners in W.P.(MD)Nos.14179 to 14223 of 2025 |
: Mr.M.Karunanithi |
| For respondents in | : Mr.K.Selvaganesh |
| W.P.(MD)No.14161 of 2025 |
Additional Government Pleader |
| For respondents in | : Mr.C.Venkatesh Kumar |
| W.P.(MD)Nos.14179 to 14223 of 2025 |
Special Government Pleader |
COMMON ORDER
By consent of both parties, these Writ Petitions are taken up for
final disposal at the admission stage itself.
2.Heard the learned counsel on either side and perused the
materials available on record.
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3.The petitioners are lessees of the following shops in the building
owned by the respondent. Their lease period expire on 05.08.2025.
| S.N o |
Writ Petition Number | Name of the Petitioner |
_Shop No _ | Expiry date of lease period |
|---|---|---|---|---|
| 1 | _W.P(MD) No. 14179 of 2025 _ | T.V. Tamilarasan | 3 | 05.08.2025 |
| 2 | _W.P(MD) No. 14180 of 2025 _ | T. Asaithambi | 3 | 05.08.2025 |
| 3 | _W.P(MD) No. 14181 of 2025 _ | R. Chandrathasan | 10 | 05.08.2025 |
| 4 | _W.P(MD) No. 14182 of 2025 _ | A. Ramesh | 13 | 05.08.2025 |
| 5 | _W.P(MD) No. 14183 of 2025 _ | S. Rajendran | 7 | 05.08.2025 |
| 6 | _W.P(MD) No. 14184 of 2025 _ | Nallathambi | 4 | 05.08.2025 |
| 7 | _W.P(MD) No. 14185 of 2025 _ | R. Karthikeyan | 3 | 05.08.2025 |
| 8 | _W.P(MD) No. 14186 of 2025 _ | R. Elangovan | 8 | 05.08.2025 |
| 9 | _W.P(MD) No. 14187 of 2025 _ | V. Thirumurugan | 5 | 05.08.2025 |
| 10 | _W.P(MD) No. 14188 of 2025 _ | R. Krishnamoorthi | 5 | 05.08.2025 |
| 11 | _W.P(MD) No. 14189 of 2025 _ | M. Vigneswaran | 5 | 05.08.2025 |
| 12 | _W.P(MD) No. 14190 of 2025 _ | D. Ganeshraj | 1 | 05.08.2025 |
| 13 | _W.P(MD) No. 14191 of 2025 _ | T. Jeyalakshmi | 6 | 05.08.2025 |
| 14 | _W.P(MD) No. 14192 of 2025 _ | T. Ravi | 3 | 05.08.2025 |
| 15 | _W.P(MD) No. 14193 of 2025 _ | P. Baskar | 7 | 05.08.2025 |
| 16 | _W.P(MD) No. 14194 of 2025 _ | V. Balakrishnan | 8 | 05.08.2025 |
| 17 | _W.P(MD) No. 14195 of 2025 _ | P. Maniraj | 6 | 05.08.2025 |
| 18 | _W.P(MD) No. 14196 of 2025 _ | R. Krishnamoorthi | 9 | 05.08.2025 |
| 19 | _W.P(MD) No. 14197 of 2025 _ | P.Dhamotharan | 4 | 05.08.2025 |
| 20 | _W.P(MD) No. 14198 of 2025 _ | R. Mangayarkarasi | 7 | 05.08.2025 |
| 21 | _W.P(MD) No. 14199 of 2025 _ | C. Senthilnathan | 2 | 05.08.2025 |
| 22 | _W.P(MD) No. 14200 of 2025 _ | V. Thirumurugan | 14 & 15 | 05.08.2025 |
| 23 | _W.P(MD) No. 14201 of 2025 _ | N. Tamilselvan | 8 & 9 | 05.08.2025 |
| 24 | _W.P(MD) No. 14202 of 2025 _ | S. Kanagaraj | 1 | 05.08.2025 |
| 25 | _W.P(MD) No. 14203 of 2025 _ | T. Kumaragurubaran | 9 | 05.08.2025 |
| 26 | _W.P(MD) No. 14204 of 2025 _ | M. Krishnamoorthy | 11 | 05.08.2025 |
| 27 | _W.P(MD) No. 14205 of 2025 _ | M. Gurunathan | 12 | 05.08.2025 |
| 28 | _W.P(MD) No. 14206 of 2025 _ | R. Chandrathasan | 11 | 05.08.2025 |
| 29 | _W.P(MD) No. 14207 of 2025 _ | S. Maridoss | 5 | 05.08.2025 |
| 30 | _W.P(MD) No. 14208 of 2025 _ | A.V. Sekar | 15 | 05.08.2025 |
| 31 | _W.P(MD) No. 14209 of 2025 _ | B. Priya | 7 | 05.08.2025 |
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32
33
34
35
| 32 | _W.P(MD) No. 14210 of 2025 _ | K. Masilamani | 6 | 05.08.2025 |
|---|---|---|---|---|
| 33 | _W.P(MD) No. 14211 of 2025 _ | A. Vetriselvan | 10 | 05.08.2025 |
| 34 | _W.P(MD) No. 14212 of 2025 _ | T. Mohan | 10 | 05.08.2025 |
| 35 | _W.P(MD) No. 14213 of 2025 _ | R. Radhakrishnan | 3 | 05.08.2025 |
| 36 | _W.P(MD) No. 14214 of 2025 _ | M. Giri | 4 | 05.08.2025 |
| 37 | _W.P(MD) No. 14215 of 2025 _ | K. Ramadoss | 9 | 05.08.2025 |
| 38 | _W.P(MD) No. 14216 of 2025 _ | R. Annadurai | 14 | 05.08.2025 |
| 39 | _W.P(MD) No. 14217 of 2025 _ | R. Selvaraj | 4 | 05.08.2025 |
| 40 | _W.P(MD) No. 14218 of 2025 _ | R. Karuppaiyan | 4B | 05.08.2025 |
| 41 | _W.P(MD) No. 14219 of 2025 _ | L. Mahendran | 1 | 05.08.2025 |
| 42 | _W.P(MD) No. 14220 of 2025 _ | G. Saravanan | - | 05.08.2025 |
| 43 | _W.P(MD) No. 14221 of 2025 _ | K. Saravanan | 7 | 05.08.2025 |
| 44 | _W.P(MD) No. 14222 of 2025 _ | G. Subramanian | 6 | 05.08.2025 |
| 45 | _W.P(MD) No. 14223 of 2025 _ | V. Palraja | 2 | 05.08.2025 |
| 46 | _W.P(MD) No. 14161 of 2025 _ | Ganesan | 1 & 2 | - |
4.Taking into account of the expiry of the lease period ie., on 05.08.2025, the respondent Panchayat issued the impugned tender notices, calling for public auction for the ensuing period upon the expiry of the lease period of the respective petitioners on 05.08.2025. Hence, the petitioners have submitted representations to the respondents that they are ready and willing to pay the enhanced amount of 30% rental for a further period of three years and that before the expiry of their lease period, calling for tender without giving opportunity of providing extension of the lease period by obtaining 30% to the petitioners, the petitioners' right of business is affected and also there was a violation of principles of natural justice. Hence, the petitioners have filed these Writ
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Petitions for the relief stated supra.
5.The learned counsel for the petitioners would submit that the petitioners are entitled for extension of lease period, as per Clause (vi) of G.O.Ms.No.66, Municipal Administration and Water Supply Department, dated 06.08.2024 and that they are entitled for possession of the property, till the expiry of the lease period.
6.To appreciate the petitioners' contention, it is relevant to extract
the impugned tender notice in W.P.(MD) No.14161 of 2025:
“xuj;jehL Ng&uhl;rpapy; fPo;fz;l tzpf tshf filfspd; VyFj;jif ( lease) ( 2025-2026-k; Mz;L xg;gilf;Fk; ehs; Kjy; 31.03.2008 Kba cs;s %d;whz;L fhyj;jpw;F) xuj;jehL Ng&uhl;rp nray; mYtyh; my;yJ mtuJ mjpfhuk; ngw;wtuhy; mbapw;fz;l tpgug;gb xuj;jehL Njh;Tepiy Ng&uhl;rp mYtyfj;jpy; Kb Kj;jpiuaplg;gl;l xg;ge;jg;Gs;spfs; 15.05.2025-Mk; ehs; tpahof;fpoik fPo;fz;l ,dq;fs; gfpuq;fkhf nghJ Vyj;jpy; tplg;gLk;. ”
7.From the above tender notice, it is clear that from the date of the
handing over the possession of the shop, after the expiry of the period, the further period would commence. Therefore, no prejudice would be 26/32
caused to the petitioners to participate in the tender.
8.The petitioners claim renewal of the lease upon payment of enhanced rent of 30%. The petitioners have no vested right to seek extension of lease. The said issue has already been settled by this Court in various decisions.
8.1. The Hon'ble Division Bench decision of this Court P.Muthusamy V.State of Tamil Nadu rep. by its Secretary to Government, Municipal Administration and Water Supply Department, Chennai and Another reported in (2014) 5 MLJ at Page Nos. 129 and 130 has held as follows:
Admittedly, the licence The assessment made also indicates that issued has fixed terms. the proposed auction would bring more Therefore, the money. The best way to get the maximum Petitioners do not have revenue is by way of public auction. a legal or a vested right Therefore, this Court does not find any to continue in arbitrariness in the action of the occupation for ever. Respondent – Municipality.
8.2.The another Hon'ble Division Bench Judgment of this Court in W.A.No.1471 of 2014 (between C.Vinoba and 34 others V. The Commissioner, Palladam Municipality, Palladam, Thiruppur District and Two Others at Paragraph No.5 also reiterated the said principle and 27/32
declined to accept the similar request of the petitioner on the basis of the G.O.Ms.No.92, Municipal Administration and Water Supply department dated 03.07.2007:
The appellants cannot claim renewal as a matter of right. The Municipality has several functions to perform for the welfare of the people of the locality. The collection of market rent is one of the source of income of the municipality. Thus, the municipality cannot be permitted to allot shops on nominal rent without assessing the market value of the same. It is well certain that auction is the best mode of allotment of shops. ”
8.3. The same was also followed and reiterated by the another
Hon'ble Division Bench Judgment of this Court in W.A.No.686 of 2015 dated 24.07.2015 (between T.M.Duraisamy V. The State of Tamil Nadu rep. by its Secretary to Government, Municipal Administration and Water Works Department, Fort.St.George, Chennai – 600 009 and Three Others) .
8.4. The Hon'ble Division Bench of this Court in M.Pandian Vs.
The Block Development Officer, Needamangalam Panchayat Union and others reported in MANU/TN/4929/2018 and held as follows:
At this stage, one cannot brush aside an important fact that 2nd Respondent/Municipality is the appropriate authority
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to decide what rent a particular shop of the Panchayat may fetch and it is well settled principle in Law that a Lease cannot be extended much to the detriment of Panchayat, as opined by this Court.
10.But, the submission of the learned Senior Counsel that the petitioners are entitled to hold possession of the property, till the expiry of the lease period, is correct. Therefore, each lessee is entitled to occupy the premises, as per the order passed in their favour earlier, till the expiry of the lease period.
11.It is made clear that each lessee is entitled to participate in the tender process. In the event of their success in the tender process, they are entitled to continue the possession in their respective premises.
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12.Accordingly, these Writ Petitions are disposed of in the following terms:-
i) The petitioners' prayers to quash the impugned Notifications are dismissed.
ii) The petitioners are permitted to participate in the tender process and in the event of their success in the tender process, they are entitled to continue the possession in their respective premises.
iii) Till the expiry of the lease period, they are entitled to occupy their respective premises.
iv) After the expiry of the lease period, each lessee is hereby directed to hand over the possession to the respondent Panchayat, if they do not succeed in the tender process.
No costs. Consequently, all the connected Miscellaneous Petitions are closed.
Index : Yes / No 14.05.2025 Internet : Yes / No Neutral Citation : Yes / No
mm
Note : Issue order copy on or before 19.05.2025
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To
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K.K. RAMAKRISHNAN, J.
mm/ sbn
W.P.(MD) Nos.14161 and 14179 to 14223 of 2025
14.05.2025
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2 issues framed by the court
Whether lessees of Town Panchayat shops have a vested right to renewal of lease on payment of 30% enhanced rent instead of public auction.
Whether the petitioners are entitled to possession until expiry of their existing lease period.
Colour shows how this judgement treated each authority
P.Muthusamy V. State of Tamil Nadu rep. by its Secretary to Government, Municipal Administration and Water Supply Department, Chennai and AnotherRelied on¶81
(2014) 5 MLJ at Page Nos. 129 and 130
M.Pandian Vs. The Block Development Officer, Needamangalam Panchayat Union and othersRelied on¶84
MANU/TN/4929/2018
2 provisions across 2 enactments
Ganesan
T.V. Tamilarasan
The District Collector, Office of the District Collector, Thanjavur District
The Executive Officer, Orathanadu Town Panchayat, Orathanadu, Thanjavur District
K.K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
