R.Raghupathi Vs The Commissioner

¶1

WP No. 5413 of 2021

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 02-06-2026

¶4

CORAM

¶5

THE HON'BLE MR JUSTICE M.DHANDAPANI

¶6

WP No. 5413 of 2021

¶7

AND

¶8

WP NO. 3966 OF 2020, WMP NO. 4710 OF 2020, WP NO. 3969 OF 2020, WMP NO. 4711 OF 2020, WP NO. 3965 OF 2020, WMP NO. 4709 OF 2020, WP NO. 7320 OF 2021, WMP NO. 7825 OF 2021, WMP NO. 6011 OF 2021

¶9

R.Raghupathi S/o. Ramamurthy, No. 2, Bharathi Road, Cuddalore - 607 001. The Commissioner Cuddalore Municipality, Bharathi Road, Cuddalore - 607 001.

¶10

..Petitioner(s) Vs

¶11

..Respondent(s)

¶12

WP No. 3966 of 2020

¶13

K.Ganesh, S/o. Kumarasamy, No. 4, Bharathi Road, Cuddalore 607001 Cuddalore Vs The Commissioner, Cuddalore Municipality, Bharathi Road, Cuddalore 607001 Cuddalore

¶14

..Petitioner(s)

¶15

Page1 of 8

¶16

https://www.mhc.tn.gov.in/judis

¶17

WP No. 5413 of 2021

¶18

WP No. 3969 of 2020

¶19

..Respondent(s)

¶20

K.Ganesh, S/o. Kumarasamy, No. 3, Bharathi Road, Cuddalore 607001 Cuddalore Vs The Commissioner, Cuddalore Municipality, Bharathi Road, Cuddalore 607001 Cuddalore

¶21

..Petitioner(s)

¶22

..Respondent(s)

¶23

WP No. 3965 of 2020

¶24

Sargunam, W/o. K.Ganesh, No. 1, Bharathi Road, Cuddalore 607001 Cuddalore Vs The Commissioner, Cuddalore Municipality, Bharathi Road, Cuddalore 607001 Cuddalore WP No. 7320 of 2021 R.Santhi Vs 1. The Commissioner Cuddalore Municipality, Bharathi Road, Cuddalore- 607001

..Petitioner(s) Vs

..Respondent(s)

..Petitioner(s)

Page2 of 8

https://www.mhc.tn.gov.in/judis

¶30

WP No. 5413 of 2021

¶31

The Revenue officer Cuddalore Municipality, Bharathi Road, Cuddalore- 607001

¶32

..Respondent(s)

¶33

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records and quash the demand notice dated 17.02.2021 issued by the respondent in respect of Shop No. 2, Bharathi Road, Cuddalore.

¶34

WP No. 3966 of 2020

¶35

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records and quash the notice issued by the respondent in Na.Ka.No. 7200/ A2/ 19 dated 10.9.2019 and consequently restrain the respondent from evicting the petitioner from Shop No. 4, Bharathi Road, Cuddalore except by due process of law.

¶36

WP No. 3969 of 2020

¶37

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records and quash the notice issued by the respondent in Na.Ka.No. 7200/ A2/ 19 dated 10.9.2019 and consequently restrain the respondent from evicting the petitioner from Shop No. 3, Bharathi Road, Cuddalore except by due process of law.

¶38

WP No. 3965 of 2020

¶39

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records and quash the notice issued by the respondent in Na.Ka.No. 7200/ A2/ 19 dated 10.9.2019 and consequently restrain the respondent from evicting the petitioner from Shop No. 1, Bharathi Road, Cuddalore except by due process of law.

¶40

Page3 of 8

¶41

https://www.mhc.tn.gov.in/judis

¶42

WP No. 5413 of 2021

¶43

WP No. 7320 of 2021

¶44

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records and quash the demand notice in NA.KA.NO.14703/A2/16 dated 10.12.2019 issued by the second respondent in respect of shop No 9, beach Road Cuddalore.

¶45

For Petitioner(s): Mr.D. Baskar (in all the WPs.) For Respondent(s): Mr.B. Anand (in all the WPs.)

¶46

Common Order

¶47

Aggrieved by the impugned order of demand notice dated 17.02.2021, 10.09.2019 & 10.12.2019 passed by the Commissioner, Cuddalore Municipality and Revenue Officer, Cuddalore Municipality respectively, the present Writ Petitions have been filed. Further, the petitioners have sought for a relief to restrain the respondents from evicting the petitioners herein from their Shops, namely, Nos.1 to 4 & 9 situated at Bharathi Road & Beach Road, Cuddalore respectively.

¶48

Heard the learned counsel on either side and also perused the materials

¶49

available on record. Since the issue involved in these petitions are one and the same, they are disposed of by way of a common order.

¶50

__________ Page4 of 8

¶51

https://www.mhc.tn.gov.in/judis

¶52

WP No. 5413 of 2021

¶53

The learned counsel for the petitioners submitted that the petitioners herein are the tenants of the Shops owned by the Cuddalore Municipality and they have been issued with the demand notice on 17.02.2021, 10.09.2019 & 10.12.2019 respectively. He further submitted that the petitioners may be permitted to submit their reply to the demand notice and after considering the same, the authorities may pass appropriate orders in the subject issue and thus, prayed for appropriate orders..

¶54

Per contra, the learned Standing counsel for the respondents submitted that the lease period of the subject shops were expired in the year 2025 itself and the petitioners did not sought for any extension time for their lease. However, he submitted that if the respondents receive any reply to the demand notice from the petitioners, the same will be considered and appropriate orders will be passed by the respondents in accordance with law, within a reasonable time.

¶55

On considering the facts of the case, this Court is of the opinion that

¶56

the issuance of demand notice by the respondents to the petitioners herein cannot be entertained at threshold, as the same requires adjudication. However, taking note of the submissions made by the learned counsel on either side, this Court permits the petitioners to render their reply to the demand notice, within a

¶57

Page5 of 8

¶58

https://www.mhc.tn.gov.in/judis

¶59

WP No. 5413 of 2021

¶60

period of two weeks from the date of receipt of a copy of this order. On receipt of any such reply from the petitioners, the respondent concerned are directed to adjudicate the subject issue and pass appropriate orders in accordance with law,

¶61

after providing an opportunity of hearing to the parties concerned, within a period of four weeks from the date of receipt of the reply of the petitioners therefrom.

¶62

With the above directions, the Writ Petitions are disposed of. Consequently, connected Miscellaneous Petition(s) are closed, if any. There shall be no order as to costs.

¶63

02-06-2026

¶64

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

¶65

DP

¶66

__________ Page6 of 8

¶67

https://www.mhc.tn.gov.in/judis

¶68

WP No. 5413 of 2021

¶69

To

¶70

The Commissioner Cuddalore Municipality, Bharathi Road, Cuddalore - 607 001.

¶71

WP No. 3966 of 2020

¶72

To

¶73

The Commissioner, Cuddalore Municipality, Bharathi Road, Cuddalore 607001 Cuddalore

¶74

WP No. 3969 of 2020

¶75

To

¶76

The Commissioner, Cuddalore Municipality, Bharathi Road, Cuddalore 607001 Cuddalore

¶77

WP No. 3965 of 2020

¶78

To

¶79

The Commissioner, Cuddalore Municipality, Bharathi Road, Cuddalore 607001 Cuddalore

¶80

WP No. 7320 of 2021

¶81

To

¶82

The Commissioner Cuddalore Municipality, Bharathi Road, Cuddalore- 607001

¶83

The Revenue officer Cuddalore Municipality, Bharathi Road, Cuddalore- 607001

¶84

__________ Page7 of 8

¶85

https://www.mhc.tn.gov.in/judis

WP No. 5413 of 2021

M.DHANDAPANI J.

DP

WP No. 5413 of 2021 AND

¶90

WP NO. 3966 OF 2020,WMP NO. 4710 OF 2020,WP NO. 3969 OF 2020,WMP NO. 4711 OF 2020,WP NO. 3965 OF 2020,WMP NO. 4709 OF 2020,WP NO. 7320 OF 2021,WMP NO. 7825 OF 2021,WMP NO. 6011 OF 2021

¶91

02-06-2026

¶92

__________ Page8 of 8

¶93

https://www.mhc.tn.gov.in/judis

R.Raghupathi v. The Commissioner

Case brief

What is this about?

What did the court decide?

R.Raghupathi v. The Commissioner

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

L.Jagannathh Vs the First Appellate Authority/Joint Secretary

M/S.Harrsha Infra Projects Private Ltd., Vs The Chief Engineer

Chennai Parcel Lorry Owners Vs the Principal Secretary to

K.Krishnan Vs State of Tamil Nadu

G.Vijayalakshmi Vs the District Collector

P.Rajendran Vs The Regional Transport Officer