IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-01-2026 CORAM THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN WP No.2640 of 2026 and WMP.No.2877 of 2026 Amb.Dr.M.G.Rakul .. Petitioner(s) ..

Vs.

1. The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai 600 009.

2.The Director of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai 600 028.

3. The Municipal Commissioner, Tinidvanam Municipal Office, Eswaran Koil Street, Tindivanam 604 001.

4. The District Collector, Villupuram District, Master Plan Complex, Collector Office Road, Villupuram 605 602.

5. The District Disabled Rehabilitation Officer, Villupuram District, Master Plan Complex, Collector Office Road, Villupuram 605 602. .. Respondents Prayer : This Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the third respondent to consider the representation of the petitioner and to conduct a separate and exclusive auction /selection process for the three reserved shops exclusively for eligible persons with Disabilities, after issuing a fresh and independent notification, incorporating reasonable accommodation measures, in accordance with the RPwD Act, 2016 and the relevant rules and Government Orders.

For Petitioner : Mr,S.Parathasarathi For Respondents : Dr.T.Seenivasan

ORDER

The petitioner is a differently-abled person. He is an activist for upholding the rights of persons who are similarly situated and differently abled. He is before this Court challenging the manner in which the auctions have been conducted by the third respondent for the shops situated at the New Bus stand at Tindivanam Municipality. The petitioner states that the third respondent has decided to bring 75 shops situated in the New Bus stand for auction on 23.01.2026, 28.01.2026 and 30.01.2026 respectively. The petitioner states that on account of heavy crowd of participants, persons who are differently abled are not in a position to participate in the public auction. The basic apprehension of the petitioner is that on account of jostling, it is possible that persons who are differently abled may suffer injuries rather than being in a position to effectively make their bids. Apart from this, he had also sought exemption from payment of Earnest Money Deposit and also for holding the auction on a different date for the shops reserved for the differently abled.

2. Mr.Parthasarathy, learned counsel for the petitioner made an urgent motion stating that the auction is to be conducted today. Since the plea was made on behalf of a section of Society, which does not seek sympathy but requires to be treated equally, I granted urgent hearing. I directed Mr.Parthasarathy to serve the entire papers in order to enable Dr.T.Seenivasan to get instructions from the Municipality.

3. In terms of Rule 316(11)(c) of the Tamil Nadu Urban Local Bodies Rules, 2023, it is the statutory duty of the Municipality to ensure that five per cent of the total shops are reserved for persons who are differently- abled. The third respondent, in compliance with this duty, has reserved shop Nos.9, 35 and 50 exclusively for allotment to persons who are differently abled. Though the petitioner seeks an injunction restraining the Municipality from holding the auction for these three shops along with others, on a suggestion made by this Court, Dr.T.Seenivasan, is willing to conduct the auction for shop No.9, as the last item on 23.01.2026 and similarly, the auction for shop Nos.35 & 50 as the last items on 28.01.2026, so that no person who is differently-abled is denied the opportunity of participating in the auction. Special provision shall be made for them so that they do not face and any difficulty or disadvantage at the time of participating in the auction.

4. With the above observations, this writ petition is disposed of. No costs. Consequently, connected miscellaneous p