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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 29.01.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

W.P.(MD)No.24654 of 2023

and

W.M.P(MD)No.20852 of 2023

A.Adaikalasamy ...Petitioner

Vs

1. The Commissioner,

Kumbakonam Municipal Corporation,

Kumbakonam,

Thanjavur District

2. The District Collector,

Thanjavur District,

Thanjavur

3. R.Asaithambi ...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,

to issue a Writ of Mandamus directing the 1^st and 2^nd respondents restraining the

3^rd respondent from collecting more than prescribed amount of Rs.60/- (Rupees

Sixty) for the petitioner's shop (Tharai Kadai) from the petitioner.

For Petitioner : No appearance

For Respondents : M/s.D.Farjana Ghoushia

Special Government Pleader

for R2

Mr.M.Rajarajan for R1

* * * * *

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ORDER

The present writ petition has been filed seeking a mandamus directing the

respondents 1 and 2 restraining the third respondent from collecting more than

the prescribed amount of Rs.60/- for the shop (Tharakadai) from the petitioner.

2. According to the learned Counsel appearing for the writ petitioner, he

is running one of the shops in the Nehru Vegetable and Arignar Anna Kaikari

Market at Darasuran Vegetable Market, Kumbakonam. The third respondent is

the successful bidder for collecting daily rent from the shops. He is mandated

only to collect a sum of Rs.60/- per day from the shop. However, he has

demanded a sum of Rs.180/- per day and hence, the present writ petition.

3. The learned Standing Counsel appearing for the first respondent

submits that the period of the third respondent has got concluded on 31.07.2025

and it has been auctioned to a different person. Thereafter, the writ petition

came to be filed questioning the resolution of the Municipal Corporation

wherein the Corporation has decided to collect a sum of Rs.3/- per sq.ft. instead

of Rs.60/- per day.

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4. This resolution was put to challenge in WP(MD)No.12350 of 2024 and

the said writ petition was disposed of on 13.06.2024. Paragraph No.2 of the said

order is extracted as follows:-

“at the rate of Rs.3/- per Sq.ft. It is categorically asserted

by the respondents that excess fee is not and will not be

demanded from the market users. If there is any breach of

this undertaking, it is always open to the individual

concerned to move this Court again for relief. If any such

case is listed before this Court, it will be taken as test

case.”

5. In view of the subsequent developments, no further orders are called

for in the writ petition. Accordingly, this writ petition stands disposed of. No

costs. Consequently, connected miscellaneous petition is also closed.

29.01.2026

NCC : Yes/No

Index : Yes/No

Internet: Yes/No

RJR

To

1. The Commissioner,

Kumbakonam Municipal Corporation,

Kumbakonam,

Thanjavur District.

2. The District Collector,

Thanjavur District,

Thanjavur

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R.VIJAYAKUMAR , J.

RJR

W.P.(MD)No.24654 of 2023

29.01.2026

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