S.Kumar, Vs The State of Tamil Nadu

2.The Principal Secretary, Adi Dravidar Welfare Department, Secretariat, St.George Fort, Chennai - 600 009. 3.The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, St.George Fort, Chennai - 600 009.

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4.The Tamil Nadu Adi Dravidar Housing and Development Corporation Limited (TAHDCO), Head Office, No.31 Senatap Road, Teynampet, Chennai - 600 018.

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W.P(MD)No.7350 of 2026

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... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to allot the shops to Adi Dravidar Community People, on the basis of the Government Reservation Policies like Education and Government Jobs, by considering the petitioner's representation dated 27.01.2026 within the time frame fixed by this Court.

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For Petitioner : Mr.G.Ramanathan

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For Respondents : Mr.S.P.Maharajan Special Government Pleader

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ORDER

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( Order of the Court was made by N.SATHISH KUMAR, J. )

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The petitioner has filed the present Writ Petition seeking a direction to the respondents to allot shops to persons belonging to the Adi

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W.P(MD)No.7350 of 2026

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Dravidar community by applying Government reservation policies, as followed in education and public employment, based on the petitioner’s representation dated 27.01.2026.

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2.This Writ Petition has been filed as a Public Interest Litigation. It is the contention of the petitioner that he belongs to the Scheduled Caste community and is part of an economically weaker section. The petitioner has been earning his livelihood by selling fruits for the past 10 years at Vadasery, Kanakamulam Daily Market, Nagercoil.

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3.It is submitted that the Nagercoil Corporation has proposed to demolish the existing market and convert the same into a bus stand, and to shift the market to a nearby location where new shops are under construction. Upon completion, the shops are proposed to be leased out through public auction. The petitioner contends that, in a similar instance in Kuzhithurai Municipality, shops in a Government shopping complex were leased out through public auction without following any reservation policy.

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4.The petitioner had submitted a representation requesting the

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authorities to implement reservation in the allotment of shops; however, the same was not accepted. The petitioner further contends that, unlike in the allotment of petrol retail outlets where reservation is provided for SC/ST communities, no such policy is followed in the allotment of shops by local authorities. According to the petitioner, persons belonging to SC/ST communities are economically disadvantaged and are unable to compete in public auctions, which require substantial financial resources. In this regard, the petitioner submitted a representation dated 27.01.2026 to the respondents seeking implementation of a reservation policy in the allotment of shops by local bodies. Since no response has been received, the present Writ Petition has been filed.

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5.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents, and perused the materials available on record.

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6.We are of the considered view that the present Writ Petition is

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devoid of merits and amounts to a misuse of the process of law. It is well settled that shops belonging to Government and local bodies are to be allotted only through public auction in order to ensure transparency and to secure maximum revenue. The claim of the petitioner seeking the application of reservation policy in such allotments, as applicable to education and public employment, is misconceived and cannot be countenanced. Further, the petition, though styled as a Public Interest Litigation, is in effect in the nature of a private interest litigation. Accordingly, this Writ Petition is dismissed. No costs.

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[N.S.K.,J.] [M.J.R.,J.] 17.03.2026

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NCC : Yes / No Index : Yes / No Internet : Yes ps

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To 1.The Chief Secretary to Government, Represented by the State of Tamil Nadu, Secretariat, St.George Fort, Chennai - 600 009. 2.The Principal Secretary, Adi Dravidar Welfare Department, Secretariat, St.George Fort, Chennai - 600 009. 3.The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, St.George Fort, Chennai - 600 009. 4.The Tamil Nadu Adi Dravidar Housing and Development Corporation Limited (TAHDCO), Head Office, No.31 Senatap Road, Teynampet, Chennai - 600 018.

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W.P(MD)No.7350 of 2026

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N.SATHISH KUMAR, J. and M.JOTHIRAMAN, J.

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ps