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2026 Supreme(Online)(Mad) 31037

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR, J
A.Thiyagarajan – Appellant
Versus
The District Collector, Collector Office, Dindigul, Dindigul District – Respondent
WP(MD) No.6092 of 2026



Advocates:
For the Appellants/Petitioners:Mr. B.Rajesh Saravanan, Advocate
For the Respondents:Mrs.PB.Ahamed Yasmin Parvin, Government Advocate (Crl.Side), for R1, Mr.T.S.Mohamed Mohideen for R2

Public property allotments require transparent public auction; prior occupancy allows participation but no direct right.

Headnote:Article 226 of the Constitution of India enables writ jurisdiction for mandamus. Petitioner, previously operating a shop at Natham Bus Stand demolished for reconstruction, seeks direct allotment of a shop in the new 18-shop complex via representation dated 09.12.2025. Court finds no legal right to direct allotment of public property without transparent process. Issue: Whether petitioner entitled to shop allotment as matter of right post-demolition. Ratio: Public property like shops of local bodies must be allotted via public auction for fairness and equal opportunity; prior occupancy considered for participation, not preferential claim. Writ petition disposed granting liberty to participate in auction; bid considered per law with permissible preferences.

Table of Content
1. petition seeks shop allotment post-demolition. (Para 1 , 2)
2. no legal right; auction required. (Para 3)
3. public property via transparent auction. (Para 4)
4. liberty to participate in auction. (Para 5)

ORDER The petitioner is before this Court seeking a direction to the second respondent to allot one shop in the newly constructed complex of 18 shops at Natham Bus Stand, Natham, Dindigul District, based on his representation dated 09.12.2025.

2.The petitioner states that he was earlier running his business in a shop at the said location. The old shops were demolished for constructing a new complex, and therefore, he has requested that one shop be allotted to him in the newly constructed building.

3.The learned counsel for the second respondent submitted that the petitioner does not have any legal right to claim direct allotment of a shop. It is also stated that the shops in the new complex will be allotted only through a public auction process.

4.It is settled that when public property such as shops belonging to a local body is to be allotted, it must be done through a fair and transparent method like public auction. This ensures equal opportunity to all and avoids any unfair advantage to a particular person. Therefore, the petitioner cannot claim allotment of a shop as a matter of right merely because he was previously occupying a shop. However, the fact that the petitioner was earlier carrying on business in the same place can be taken into consideration. He should be given an opportunity to participate in the auction and compete with others.

5.In view of the above, this writ petition is disposed of by granting liberty to the petitioner to participate in the auction to be conducted by the second respondent. If the petitioner participates, his bid shall be considered in accordance with law, and if any preference is permissible under the rules, the same may also be considered. No costs.

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