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S.P.Maharaja Vs The Commissioner — Writ and Judicial Review | Madras HC (2026)

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Madras HC
2026
S.P.Maharaja Vs The CommissionerS.P.Maharaja v. The Commissioner

Allowed¶21

S.P.Maharaja v. The Commissioner

Writ of Declaration (Article 226, Constitution of India) – Lessee of Shop No.88, New Bus Stand, Tirunelveli

Madras HC27 Apr 2026WP(MD)/12479/2026

Case brief

AI extract

What is this about?

Madras High Court (Madurai Bench), W.P.(MD)No.12479 of 2026, decided 27.04.2026 by Hemant Chandangoudar, J. Petitioner S.P.Maharaja, lessee of Shop No.88, New Bus Stand, Tirunelveli, allotted on lease by Tirunelveli Corporation, challenged the Corporation's demand of Rs.225/- per sq.ft. lease rental as illegal in light of the Hon'ble Supreme Court direction in SLP(C)Nos.27248-27249 of 2023 dated 13.12.2023 (also printed as SLP(C)Nos.27248 and 24249 of 2023) entitling him to pay Rs.140/- per sq.ft. per month. Held: respondents directed to refix rent at Rs.140/- per sq.ft. and adjust rental already collected, if any; petition allowed, no costs. Keywords: lease rental refixation; municipal corporation shop lease; Article 226; writ of declaration; Supreme Court direction compliance.

What did the court decide?

Respondents directed to refix the rent at Rs.140/- per square feet and to adjust the rental amount already collected from the petitioner, if any; no order as to costs.

Why is it important?

In view of the direction issued by the Hon'ble Supreme Court, the respondents are directed to refix the rent at the rate of Rs.140/- per square feet and to adjust the rental amount already collected from the petitioner, if any. ¶21

What the court decided

AI extract

Outcome

Respondents directed to refix the rent at Rs.140/- per square feet and to adjust the rental amount already collected from the petitioner, if any; no order as to costs.

Issue for consideration

Whether the petitioner, lessee of Shop No.88, New Bus Stand, Tirunelveli, is entitled to pay lease rental at Rs.140/- per sq.ft. per month in terms of the Supreme Court direction dated 13.12.2023, such that any demand by the respondents at a higher rate is illegal, arbitrary, discriminatory and unenforceable.

Court's answer

In view of the direction issued by the Hon'ble Supreme Court, the respondents are directed to refix the rent at the rate of Rs.140/- per square feet and to adjust the rental amount already collected from the petitioner, if any.

Detailed headnote1 paragraphs

Writ of Declaration (Article 226, Constitution of India) — Lessee of Shop No.88, New Bus Stand, Tirunelveli — Tirunelveli Corporation demanding lease rental of Rs.225/- per sq.ft. contrary to the Hon'ble Supreme Court direction in SLP(C)Nos.27248-27249 of 2023 dated 13.12.2023, in terms of which the lessee is entitled to pay Rs.140/- per sq.ft. per month — respondents directed to refix the rent at Rs.140/- per sq.ft. and to adjust the rental amount already collected from the petitioner, if any — writ petition allowed; no order as to costs. (Order of Hemant Chandangoudar, J., dated 27.04.2026.)

A

W.P.(MD)No.12479 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 27.04.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR

W.P.(MD)No.12479 of 2026

S.P.Maharaja

... 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 for issuance of Writ of Declaration, to declare that the petitioner, in respect of Shop No.88 situated in the New Bus Stand, Tirunelveli, 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) Nos.27248-27249 of 2023 dated 13.12.2023 and consequently, to declare 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.

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

For Petitioner :Mr.S.Srikanth For Respondents :Mr.A.Sivanupandian *****

W.P.(MD)No.12479 of 2026

O R D E R

The present writ petition has been filed by the lessee of shop No. 88, who has been allotted of the said shop on lease by Tirunelveli Corporation, seeking a declaration that the demand of Rs.225/- per square feet as lease amount is illegal in the light of the direction issued by the Hon'ble Supreme Court in SLP(C)Nos.27248 and 24249 of 2023 dated 13.12.2023.

According to the learned counsel for the writ petitioner, despite a direction issued by the Hon'ble Supreme Court, the Corporation is demanding lease amount in excess of Rs.140/- per square feet.

In view of the direction issued by the Hon'ble Supreme Court, the respondents are directed to refix the rent at the rate of Rs.140/- per square feet and directed to adjust the rental amount already collected from the petitioner, if any.

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

W.P.(MD)No.12479 of 2026

With the above said observation, this writ petition stands

allowed.

There shall be no order as to costs.

Index :Yes / No 27.04.2026 Internet :Yes / No (2/5) NCC :Yes / No

cmr

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

W.P.(MD)No.12479 of 2026

HEMANT CHANDANGOUDAR, J.

cmr

W.P.(MD)No.12479 of 2026

27.04.2026 (2/5)

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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, lessee of Shop No.88, New Bus Stand, Tirunelveli, is entitled to pay lease rental at Rs.140/- per sq.ft. per month in terms of the Supreme Court direction dated 13.12.2023, such that any demand by the respondents at a higher rate is illegal, arbitrary, discriminatory and unenforceable.¶13
The court held
In view of the direction issued by the Hon'ble Supreme Court, the respondents are directed to refix the rent at the rate of Rs.140/- per square feet and to adjust the rental amount already collected from the petitioner, if any.ratio¶21

Cases cited

Colour shows how this judgement treated each authority

AI extract

SLP (C) Nos.27248-27249 of 2023 dated 13.12.2023Applied¶13
SLP(C)Nos.27248 and 24249 of 2023 dated 13.12.2023Applied¶19

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226¶13

Procedural history

How this case reached the court

AI extract

Order under challenge
Demand by the respondents (Tirunelveli Corporation) of lease rental of Rs.225/- per square feet from the petitioner-lessee of Shop No.88, challenged as illegal.¶19
Tirunelveli Corporation
Prior proceeding
Shop No.88 was allotted on lease by Tirunelveli Corporation to the petitioner, who is its lessee.¶19
Prior proceeding
Direction issued by the Hon'ble Supreme Court in SLP(C)Nos.27248 and 24249 of 2023 dated 13.12.2023 (recorded in the prayer as SLP (C) Nos.27248-27249 of 2023 dated 13.12.2023), in terms of which the petitioner claims entitlement to pay lease rental at Rs.140/- per sq.ft. per month; the Corporation nonetheless demands lease amount in excess of Rs.140/- per square feet.¶20

Parties & counsel

AI extract

petitioner
S.P.Maharaja¶7
Mr.S.Srikanth
respondent
The Commissioner, Tirunelveli Corporation, Tirunelveli - 627 001, Tirunelveli District.¶10
Mr.A.Sivanupandian
respondent
The Assistant Commissioner, Melapalayam Zone, Tirunelveli Corporation, Tirunelveli - 627 001, Tirunelveli District.¶11
Mr.A.Sivanupandian

Coram

AI extract

Hemant Chandangoudarauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 27 Apr 2026 · April
Registered: 22 Apr 2026
Case no.: WP(MD)/12479/2026
CNR: HCMD010537022026
Topic: Writ and Judicial Review
Bench: Hemant Chandangoudar
Disposal: ALLOWED
Case type: W.P.(MD)

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Cite this judgement

S.P.Maharaja v. The Commissioner, WP(MD)/12479/2026 (MAD), decided on 27 April 2026.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited2

SLP (C) Nos.27248-27249 of 2023 dated 13.12.2023Applied¶13
SLP(C)Nos.27248 and 24249 of 2023 dated 13.12.2023Applied¶19

Open Authorities

Statutes1

Constitution of IndiaArticle 226

View all statutes

Procedural history3

Demand by the respondents (Tirunelveli Corporation) of lease rental of Rs.225/- per square feet from the petitioner-lessee of Shop No.88, challenged as illegal.Tirunelveli Corporation
Shop No.88 was allotted on lease by Tirunelveli Corporation to the petitioner, who is its lessee.
Direction issued by the Hon'ble Supreme Court in SLP(C)Nos.27248 and 24249 of 2023 dated 13.12.2023 (recorded in the prayer as SLP (C) Nos.27248-27249 of 2023 dated 13.12.2023), in terms of which the petitioner claims entitlement to pay lease rental at Rs.140/- per sq.ft. per month; the Corporation nonetheless demands lease amount in excess of Rs.140/- per square feet.

View full history

Bench / Coram

Hemant Chandangoudar

Parties & counsel