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Madras High CourtWP/22162/2015closed

K.Thangaraj v. The Managing Director

2016-06-30Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.06.2016 Coram The Hon'ble Mr.Justice T.S.Sivagnanam Writ Petition No.22162 of 2015, M.P.No.1 of 2015 and W.M.P.No.11646 of 2016 K.Thangaraj

...Petitioner

Vs.

1.

The Managing Director, TASMAC, IV Floor, Thalamuthu Natarajan Buildings, Egmore, Chennai.

2.

The Senior Regional Manager, TASMAC, LLA Buildings, IV Floor, Anna Salai, Chennai - 600 002.

3.

The District Manager, TASMAC, Kancheepuram District, Kancheepuram.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents to pay the arrears of rent and also continue to pay the rent on par with other IMFL Shop in the said locality with respect to shop No.4092 located at No.1, G.S.T. Road, Alandur, Chennai - 600 016, together with interest within the time prescribed by this Court.

For Petitioner : Mr.M.Muthuppan For Respondent : Mr.B.Nedunchezian

O R D E R

The petitioner filed this Writ Petition, praying for issuance of a Writ of Mandamus, directing the respondents to pay the arrears of rent, and also to continue to pay the rent on par with other IMFL Shop in the said locality, with respect to Shop No.4092, located at No.1, G.S.T. Road, Alandur, Chennai. https://hcservices.ecourts.gov.in/hcservices/

2.

Heard Mr.M.Muthappan, learned counsel appearing for the petitioner and Mr.B.Nedunchezian, learned counsel appearing for respondents.

3.

Though the respondent/TASMAC may be a State owned Corporation, that by itself, will not entitle the petitioner to move the Writ Petition, praying for aforementioned relief. Admittedly, the contract between the petitioner and the respondent/Corporation is a private agreement/contract, and the petitioner cannot file Writ Petition, claiming for arrears of rent. Therefore, the Writ Petition is closed, leaving it open to the petitioner to approach appropriate Forum for recovery of arrears of rent. Consequently, connected Miscellaneous Petition No.1 of 2015, viz., the direction petition is closed, and W.M.P.No.11646 of 2016, i.e., the implead petition, is dismissed. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To 1.

The Managing Director, TASMAC, IV Floor, Thalamuthu Natarajan Buildings, Egmore, Chennai.

2.

The Senior Regional Manager, TASMAC, LLA Buildings, IV Floor, Anna Salai, Chennai - 600 002.

3.

The District Manager, TASMAC, Kancheepuram District, Kancheepuram.

+1cc to Mr.M.Muthuppan, Advocate, S.R.No.37086 +1cc to Mr.B.Nedunchezhiyan, Advocate, S.R.No.37015 +1cc to Mr.A.L.Ganthimathi, Advocate Sr.36950 Writ Petition No.22162 of 2015 tm[co] srg 23/07/2016 https://hcservices.ecourts.gov.in/hcservices/