V.Prakash v. Life Insurance Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2020 C O R A M THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.2213 of 2010 & M.P.No.1 of 2010 V.Prakash ... Petitioner Vs.

Life Insurance Corporation of India Ltd., Rep. by its Regional Manager (E & OS) LIC Building Anna Salai, Chennai - 600 002.

... Respondent PRAYER: Petitions filed under Article 226 of the Constitution of India, for issuance of a writ of certiorarified mandamus calling for the records of the respondent corporation in connection with the impugned proceedings bearing Ref.Estates dated 13.01.2010, namely, the termination of lease in respect of the premises on the 4th floor of the building at Door No.47, Armenian Street, Chennai - 600 001 to an extent of 453 sq. ft and quash the same and direct the respondent to refix the rent prospectively in reasonable manner and in any event an enhancement of 5% per annum or 15% once in three years, which is the commercial practice in vogue and issue further or other appropriate orders or directions of this Court. For Petitioner : Mr.K.Sudalai Kannu For Respondent : Mr.T.K.Bhaskar, for Srinath Sridevan

ORDER

This writ petition has been filed challenging the impugned proceedings bearing Ref.Estates dated 13.01.2010 of the respondent, namely, the termination of lease in respect of the premises on the 4th floor of the building at Door No.47, Armenian Street, Chennai - 600 001 to an extent of 453 sq. ft. https://hcservices.ecourts.gov.in/hcservices/

2. As directed by this Court on 22.01.2020, the petitioner has paid a sum of Rs.4,50,000/- towards full and final settlement of the claim made by the respondent upto 31.10.2019. A copy of the receipt issued by the respondent for the payment made by the petitioner is also produced and the same is recorded. With regard to the rent payable after 31.10.2019, the petitioner will have to negotiate with the respondent for re-fixation of rent on new terms and conditions.

3. Recording the submissions made by the learned counsels appearing on both sides as well as the receipt dated 18.02.2020 for a sum of Rs.4,50,000/- issued by the respondent in favour of the petitioner, the impugned order dated 13.01.2010 is passed by the respondent terminating the lease is hereby quashed. Accordingly, this writ petition is disposed of. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar nl To 1.The Regional Manager (E & Os) Life Insurance Corporation of India Ltd., LIC Building, Anna Salai-600 002.

+1cc to Mr.K.Sudalai Kannu, Advocate SR.14356 W.P.No.2213 of 2010 PVS(CO) CB(20/03/2020) https://hcservices.ecourts.gov.in/hcservices/