Petitioner, an existing mall owner, challenged an auction notice issued by the Arcot Municipality, alleging it violated Government Orders granting preference to current occupants. The court directed the municipality to proceed with the auction and allot shops based on the post-auction average value.
No costs; connected miscellaneous petitions closed.
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.
WP No. 3838 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-02-2026
CORAM
THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN
WP No.3838 of 2026 AND WMP Nos. 4259 to 4261 OF 2026
M.Baskaran
S/o.Mohana Naicker, No.13, Khanar Bajanai Koil Street, Arcot, Vellore District.
..Petitioner(s)
Vs.
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WP No. 3838 of 2026
Prayer : This Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the notification issued by the 5th respondent in a daily issue of Thina Thandhi (Vellore Edition) dated 23.01.2026 to quash the same as the same is not in accordance with Clause X of G.O. 2U No.66 dated 06.08.2024 and the Tamil Nadu Urban Local Bodies Rules, 2023, as amended by Notification No.836 dated 16.12.2025 and consequently direct the 5th respondent to allot shops to the petitioner.
For Petitioner(s) : Ms.S.Hemalatha For Respondent(s) : Dr.T.Seenivasan – R1, R2, R4 & R5 Mr.L.S.M.Hasan Fizal - R3
ORDER
The petitioner is one of the occupants, being a shop owner under the Arcot Municipality. The Municipality took a policy decision to pull down the existing superstructure and put up a new one. Since the petitioner and other shop owners were in occupation of the shops, they were requested to hand over possession on or before 31.03.2023. An assurance was given to the petitioner that, once the existing superstructure is pulled down and a new superstructure constructed, they would be given priority.
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WP No. 3838 of 2026
the privilege granted to existing shop owners to be allotted shops in the newly constructed shops preferential basis. The condition, being that at the
time of enforcing the right of preference, they have to pay the average value arrived at in the open tender.
to the said Government Order as well as Rule 316((11) (a) and (b) of the Tamil Nadu Urban Local Bodies Rules, 2023. Hence, the present writ petition.
counsel appearing for R1, R2, R4 and R5 states that the second respondent sent a letter dated 30.12.2025 to the 5th respondent and the same is scanned hereunder :-
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WP No. 3838 of 2026
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WP No. 3838 of 2026
This writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
04-02-2026
Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No kkd
To
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WP No. 3838 of 2026
V.LAKSHMINARAYANAN J.
kkd
WP No.3838 of 2026
04.02.2026
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1 issue framed by the court
Whether the auction notice issued by the 5th respondent regarding municipal shops violates the privilege granted to existing shop owners under the Tamil Nadu Urban Local Bodies Rules and Government Or
M. Baskaran
The Secretary to Government, Municipal Administration
The Director of Municipal Administration
The District Collector, Ranipet District
The Regional Director of Municipal Administration
The Commissioner, Arcot Municipality
V. LAKSHMINARAYANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
