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Madras High CourtWP/17205/2016disposed of

N.Saravanan v. Union Of India Through The

2016-05-04Honourable Mr Justice K.K. Sasidharan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 4.5.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.No.17205 of 2016 N.Saravanan ... Petitioner versus Union of India through the Union Territory of Puducherry rep. Through the Secretary, Puducherry Housing Board, Puducherry ... Respondent Writ Petition filed under Art.226 of the Constitution of India praying for a Writ of Mandamus directing the respondent to consider and dispose of the petitioner's representation dated 10.3.2016.

For petitioner :

Mr.P.Parthiban For respondent :

Ms.D.Reena Iswarya, Additional Government Pleader (Puducherry)

O R D E R

This Writ Petition is filed to direct the Puducherry Housing Board to permit the petitioner to keep electronic items and other accessories in the building earlier leased to him till the building is given on fresh lease, so as to enable him to negotiate with the lessee and sell all the fittings to him.

2. Heard the learned counsel for the petitioner and Mrs.D.Reena Iswarya, Additional Government Pleader (Puducherry) for the respondent.

3. The bid submitted by the petitioner for giving the guest rooms on rent in Indra Nagar Lodge Building, belonging to the Puducherry Housing Board, was accepted by the respondent. Though the lease agreement was for a period of two years from 25 April 2012 to 24 April 2014, the agreement was executed only on 20 December 2013. The request made by the petitioner for extension of lease was rejected.

4. The respondent directed the petitioner to vacate the premises.

5. The petitioner is prepared to vacate the premises. According to him, it would be difficult for him to remove the accessories and electronic items. According to him, if it is given to the new lessee, he would get reasonable returns for his investment. In case the new lessee takes these items, the petitioner would be in a position to recover at least its cost. The petitioner submitted a representation on 10 March 2016, followed by a reminder on 18 March 2016, seeking such permission. Since there was no follow up action, the petitioner has come up with this Writ Petition.

6. The petitioner is prepared to surrender the premises to the respondent. The only request made by the petitioner is to permit him to keep the accessories and electronic items in the building without dismantling, till it is given to a lessee, so as to enable him to bargain with the new lessee. I do not find any ground to reject the said request. In case the electronic items are removed and the accessories are dismantled, it would go waste. The petitioner is therefore justified in his request.

7. The petitioner is directed to deliver possession of the guest house to the respondent within one week from the date of receipt of a copy of this order. The respondent should permit the petitioner to retain his accessories and electronic items in the building till it is given on lease to a new lessee. In case the respondent is having any idea to run the guest rooms directly, the petitioner should be given one week's time to remove the items. Similarly, in the event of the new lessee declining to take the electronic items and accessories, the petitioner should remove the items forthwith.

8. The petitioner is directed to give an affidavit before the respondent indicating that he has surrendered the premises and that he is agreeable to remove the fixtures in case the new lessee is not prepared to take it on reasonable valuation. In case any such undertaking is given, the respondent is directed to take possession of the building and permit the petitioner to retain the electronic items for a reasonable period as indicated above. The affidavit of undertaking including the factum of surrender should be filed before the respondent within a period of one week from the date of receipt of a copy of this order.

9. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Vacation Officer //True Copy// Sub Assistant Registrar tar

To The Secretary, Union Territory of Puducherry, Puducherry Housing Board, Puducherry.

+1cc to Mr.P.Parthiban, Advocate, S.R.No.28163 +1cc to the Government Pleader, S.R.No.28091 W.P.No.17205 of 2016 SV(CO) CA(09/05/2016)