A.Abdul Kadhar v. The Commissioner of Municipal Administration

ORDER This writ petition has been filed to forbear the respondents from proceeding with the e-tendering and public auction in respect of 204 newly constructed shops in the Arakkonam Daily Municipal Market, morefully described in the affidavit filed in support of this writ petition.

¶2The petitioner claims that he has to be given preference over others in the allotment of shops in the above mentioned Arakkonam Daily Municipal Market, since he was the earlier occupant of the demolished building.

¶3The apprehension of the petitioner is that the respondents are proceeding to auction the newly constructed 204 shops without giving preference to the petitioner in the allotment.

¶4The learned Additional Advocate General appearing for the respondents, on instructions, would submit that as on date, the respondents have not fixed any date for auctioning the 204 newly constructed shops and therefore, this writ petition has been prematurely filed. He would also submit that only when any e-auction is conducted for the subject shops and there is a proposal by the respondents to allot the shops without giving any preference to the petitioner, the cause of action for the petitioner will arise.

¶5Since a categorical submission has been made by the learned Additional Advocate General appearing for the respondents, on instructions, that as on date no auction notice has been issued calling for public auction in respect of the 204 newly constructed shops, which is the subject matter of this writ petition, this Court is of the considered view that the apprehension of the petitioner as raised in this writ petition at this stage does not arise.

¶6Only in the event of the respondents issuing any auction notice for the 204 newly constructed shops and an apprehension has been raised by the petitioner that the respondents may allot shops to third parties without giving preference to the petitioner, a cause of action will arise for the petitioner to file a writ petition before this Court.

¶7Since the petitioner has filed this writ petition prematurely, this writ petition is disposed of by granting liberty to the petitioner to approach this Court once again by filing a separate writ petition if the need arises only when there is an apprehension based on an auction notice to be issued by the respondents in the near future that preferential allotment will not be granted by the respondents to the petitioner. No Costs. Consequently, connected writ miscellaneous petition is closed. 23-03-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab To

1.The Commissioner Of Municipal Administration Ezhilagam - Annex Building, Chepauk, Chennai 5.

2.The Collector Ranipet District, Ranipet.

3.The Regional Director Of Municipal Administration Municipal Administration, Sathuvachari, Vellore 9.

4.The Commissioner Arakkonam Municipality, Arakkonam, Ranipet District.

5.The Chairperson Arakkonam Municipal Council, Arakkonam, Ranipet District. WPeNo.e48384eofe2025 ABDULoQUDDHOSEoJ. ab WPoNo.o48384oofo2025 ANDoWMPoNO.o54019o OFo2025 23-03-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-03-2026 CORAM THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE AND WMP NO. 54019 OF 2025 1. A.Abdul Kadhar S/o.Y.Abbas, No.58/36, Mosque Street, Arakkonam, Ranipet District. Petitioner(s) Vs 1. The Commissioner Of Municipal Administration Ezhilagam - Annex Building, Chepauk, Chennai 5. 2.The Collector Ranipet District, Ranipet. 3.The Regional Director Of Municipal Administration Municipal Administration, Sathuvachari, Vellore 9. 4.The Commissioner Arakkonam Municipality, Arakkonam, Ranipet District. 5.The Chairperson Arakkonam Municipal Council, Arakkonam, Ranipet District. Respondent(s) PRAYER Forbearing the respondents from proceeding with the proposal E-Tendering and Public auction of the 204 newly constructed shops in the Arakkonam Daily Municipal Market without complying with the order of this Court dated 11.01.2023 made in WP.No. 35018 of 2022 For Petitioner(s): Mr.G.Jermiah For Respondent(s): Mr.J.Ravindran, AAG Assist By Dr.T.Seenivasan, SGP for R1, R3 to R5