P.Chandrasekaran v. The Government of Tamil Nadu

ORDER The present writ petition has been filed seeking a mandamus as against the respondents to permit the petitioner to collect the user fee from the vegetable verndors in the weekly market run by the Kodaikanal Municipality for a further period of 7 months on account of the closure of the market due to COVID-19 or in the alternative to refund the lease amount already paid for the COVID-19.

¶2According to the learned counsel appeaing for the writ petitioner, he was the successful bidder for collecting the user fee for the period between 2018 and 2021 and thereafter, for another period from 01.04.2021 to

31.03.2024. From 01.04.02024 onwards, it has not been leased out to anyone and the Municipality themselves are collecting the user fee.

¶3The petitioner has given a representation to the effect that he was not able to collect the user fee from the vegetable vendors during the COVID-19 period and therefore, he claims refund of the amount as per G.O.(D).No.298, Municipal Administration and Water Supply(MA.IV) Department, dated

02.09.2020 and G.O.(D)No.337, Municipal Administration and Water Supply(MA.IV) Department, dated 16.06.2023.

¶4I have carefully considered the submissions made on either side and perused the materials available on record.

¶5Since after the COVID-19 period, the petitioner was the successful bidder and he was operating from 01.04.2021 to 31.03.2024, the question of extension of lease or permitting the petitioner to collect the user fee from the vegetable vendor does not arise. In case, if the petitioner wishes to get refund of the proportionate amount for the lockdown period, it is for him to approach the respondent Municipality with an independent representation. In case if such representation is presented, the respondent Municipality is directed to consider the same in the light of the above said Government orders and pass orders within a period of eight weeks from the date of receipt of a copy of this order.

¶6With the above said observations, this writ petition stands disposed of. No costs.

09.01.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To

¶1The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600 009

¶2The Commissioner of Municipal Administration,

No.78, Urban Administrative Building, MRC Nagar, Santhome High Road, Raja Annamalaipuram, Chennai – 600 028.

¶3The District Collector, Disaster Management Department, Dindigul District.

¶4The Commissioner, Kodaikanal Municipality, Dindigul District. R.VIJAYAKUMAR

, J.

RJR W.P.(MD)No.623 of 2026

09.01.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2026 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.623 of 2026 P.Chandrasekaran ...Petitioner Vs 1. The Government of Tamil Nadu, Rep. by its Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600 009 2. The Commissioner of Municipal Administration, No.78, Urban Administrative Building, MRC Nagar, Santhome High Road, Raja Annamalaipuram, Chennai – 600 028. 3. The District Collector, Disaster Management Department, Dindigul District. 4. The Commissioner, Kodaikanal Municipality, Dindigul District. ...Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to permit the petitioner to collect the user fee from the vegetable vendors in the weekly market at Kavi Thiyagarajar Salai, Kodaikanal Municipality for a period of 7 months on account of closure of the market due to COVID-19 or in the alternative to refund the lease amount already paid for the COVID-19 period as per G.O. (D)No.298, Municipal Administration and Water Supply Department dated 02.09.2020 and G.O.(D)No.337, Municipal Administration and Water Supply Department dated 16.06.2023. For Petitioner : M/s.M.S.Suresh Kumar For Respondents : M/s.B.Saravanan Additional Government Pleader for R1 to R3 Mr.T.S.Mohammed Mohideen Standing Counsel for R4