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Madras High CourtWP/27591/2016disposed of

V.Ellammal v. M/S.Indian Oil Corporation Ltd

2020-09-30Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2020

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.27591 of 2016 & W.M.P.No.23771 of 2016 1.V.Ellammal 2.V.Durai Mohan 3.V.Saraswathi

...Petitioners

Vs M/s.Indian Oil Corporation Ltd., Rep. by its Chief Divisional Retail Sales Manager, Shri V.S.Ashokan, No.500, Anna Salai, Teynampet, Chennai - 600 018.

...Respondent

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondent to quit and hand over the vacant possession of the property comprised in Survey No.93/2, measuring to an extent of 10,750 sq.ft or thereabouts situated at Velappanchavadi, Chennai - 600 077, Nombal Village, Saidapet Taluk, Kancheepuam District.

For Petitioners :

Mr.M.Sriram For Respondent :

Mr.R.Ravi

O R D E R

This writ petition is heard through Video-Conferencing, on account of the COVID-19 pandemic situation.

2. The relief sought for in this writ petition is to direct the respondent to quit and hand over the vacant possession of the property comprised in Survey No.93/2, measuring to an extent of 10,750 sq.ft or thereabouts situated at Velappanchavadi, Chennai - 600 077, Nombal Village, Saidapet Taluk, Kancheepuam District.

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3. In continuation to the order dated 25.09.2020, the respondent-Corporation has agreed to pay a sum of Rs.1,79,45,400/-, which is the arrears of amount payable to the petitioners up to December, 2020. The said sum will be paid by the respondent-Corporation on or before 30.11.2020.

4. The learned counsel appearing for the respondent would submit that, they are agreeable for the extension of the lease till 2025 and they will continue to be in possession and pay the rent as agreed by them in their minutes dated 02.09.2020. At the end of 2025, the respondent is directed to vacate and hand over the possession to the petitioner, as the lease would come to an end automatically.

5. The learned counsel for the respondent says that certain amounts have been paid periodically. If it is so, it is open to the parties to adjust the same.

6. With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Asr/rsi To The Chief Divisional Retail Sales Manager, M/s.Indian Oil Corporation Ltd., No.500, Anna Salai, Teynampet, Chennai - 600 018 +1cc to Mr.R.Ravi, Advocate, SR.NO. 32255 +1cc to Mr.M.Sriram, Advocate, S.R.No.32549 W.P.No.27591 of 2016 & W.M.P.No.23771 of 2016 MP(CO) KKV/13/10/2020 https://hcservices.ecourts.gov.in/hcservices/