Shopkeeper in a municipal flower market sought restraint against unlawful eviction and a demand for rental advance by the auction purchaser. The court disposed of the writ petition directing the Corporation to pass final orders on his representation within six weeks after hearing all parties.
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WP No. 12991 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-04-2026
CORAM
THE HON'BLE MR JUSTICE ABDUL QUDDHOSE
WP No. 12991 of 2026
S.Rahamathulla
..Petitioner(s)
Vs
..Respondent(s)
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WP No. 12991 of 2026
PRAYER – This Writ Petition is filed under Article 226 of the Constitution of India, seeking a Writ of Mandamus, forbearing the respondents 2 and 5 from in any manner unlawfully evicting the petitioner from Shop No.19, Flower Market Complex, Zone No.3, Tiruppur city Municipal Corporation, Tiruppur, except by following due process of law.
For Petitioner(s): Mr.S.Arjun For Respondent(s): Mr.M.Suresh Kumar, Additional Advocate General Assisted by Mr.Abishek Murthy, Standing Counsel
O R D E R
This writ petition has been filed to forbear respondents 2 and 5 from in
any manner unlawfully evicting the petitioner from Shop No.19, Flower Market Complex, Zone No.3, Tiruppur City Municipal Corporation, Tiruppur except by following the due process of law.
2.The petitioner’s grievance is that the fourth respondent, who was the successful bidder in the auction conducted by the second respondent Municipality for collection of rents from all the shopkeepers in the Flower Market Complex at Tiruppur, is unlawfully demanding huge amount of money as rental advance from the petitioner. In such circumstances, the petitioner had given a representation to the second respondent requesting them to prevent the
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fourth respondent from making any unlawful demand from the petitioner and other shop keepers. Since the said representation was not considered, the petitioner has filed this writ petition.
3.Dr.T.Seenivasan, learned Special Government Pleader accepts notice on
behalf of the first respondent. Mr.M.Suresh Kumar, learned Additional Advocate General, assisted by Mr.Abishek Murthy, learned Standing Counsel accepts notice on behalf of the second respondent.
4.No prejudice would be caused to the official respondents if the petitioner’s representation, is considered, on merits and in accordance with law, within a time frame to be fixed by this Court.
5.This Court is not expressing any opinion on the merits of the petitioner’s representation.
6.For the foregoing reasons, this writ petition is disposed of by directing the second respondent to pass final orders, on merits and in accordance with law on the petitioner’s representation dated 24.03.2026 seeking to forbear respondents 2 and 5 from in any manner unlawfully evicting the petitioner from Shop No.19, Flower Market Complex, Zone No.3, Tiruppur City Municipal Corporation, Tiruppur, except by following the due procedure established under law, after hearing all the necessary parties, within a period of 6 weeks from the
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date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition is closed. No costs.
06-04-2026
Index: Yes/No
Speaking/Non-speaking order Neutral Citation: Yes/No
GSA
To
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WP No. 12991 of 2026
ABDUL QUDDHOSE, J.
GSA
WP No. 12991 of 2026
06-04-2026
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1 issue framed by the court
Whether respondents 2 and 5 could be restrained from evicting the petitioner from the shop except by due process of law, given an alleged unlawful rental advance demand by the auction purchaser.
1 provisions across 1 enactments
S.Rahamathulla
The Director Of Municipal Administration
The Commissioner Tiruppur City Municipal Corporation
The District Collector Tiruppur
S.Saranya
P.Selvakumar
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
