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Madras High CourtWP/17364/2018dismissed as infructuous

Sunny George v. The Chairman And Managing

2018-10-01Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:01.10.2018

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.17364 of 2018 and W.M.P.No.20623 of 2018 Sunny George .. Petitioner vs.

1.The Chairman and Managing Director, Tamil Nadu State Marketing Corporation Ltd.(TASMAC) CMDA Tower II, IV Floor, Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.

2.The General Manager (Retail Vending) Tamil Nadu State Marketing Corporation Ltd.(TASMAC) 753, 4th floor, LLA Building, Anna Salai, Chennai - 600 002.

3.Mr.S.Rajkumar .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a WRIT OF MANDAMUS, forbearing the Respondents herein their men, agents, servants or subordinate or any other person claiming through them from running the TASMAC Retail Vending Shop and also the Bar attached in the Shop bearing No.428, situated in Door No.11, Whites Road, Royapettah, Chennai - 600 014, to any person without the No Objection Certificate issued by the Petitioner. For Petitioner : Mr.A.Jenasenan For Respondents : Mr.K.Sathish Kumar, Standing Counsel for R1 & R2 Mr.V.Balasubramani, for R3

O R D E R

This Writ Petition is filed seeking for a mandamus, forbearing the respondents from running a TASMAC Retail Vending Shop and also the Bar attached to the Shop bearing No.428, situated in Door No.11, Whites Road, Royapettah, Chennai - 600 014, to any person without "No Objection Certificate" issued by the Petitioner.

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2. Today, it is represented before this Court that, a compromise has been arrived between the petitioner being the land lord and the third respondent being the tenant/Bar license holder in RCOP No.17 of 2018 on the file of the Small Causes Court, Chennai.

3. Therefore, it is submitted by the learned counsel for the petitioner and the learned counsel for the third respondent that nothing survives in this writ petition to be adjudicated upon further. Therefore, the learned counsels appearing on both sides seek disposal of the writ petition as infructuous.

4. Mr.K.Sathish Kumar, learned standing counsel appearing for the first and second respondents is not disputing the above said contention.

5. Accordingly, this writ petition is disposed of, as no further order is necessary, in view of the compromise entered between the petitioner and the third respondent, as stated supra and admitted by the first and second respondents. In view of the disposal of the writ petition, if the third respondent is having any claim before the first and second respondents, it is open to him to workout the same in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed.

krk/mk Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Chairman and Managing Director, Tamil Nadu State Marketing Corporation Ltd.(TASMAC) CMDA Tower II, IV Floor, Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.

2.The General Manager (Retail Vending) Tamil Nadu State Marketing Corporation Ltd.(TASMAC) 753, 4th floor, LLA Building, Anna Salai, Chennai - 600 002.

+1cc to Mr.K.Sathish Kumar, Advocate S.R.No.67659 +1cc to Mr.A.Jenasenan, Advocate S.R.No.68067 +1cc to Mr.V.Balasubramani, Advocate Sr 68522 (20/11/18) KR/17/10/18 W.P.No.17364 of 2018 https://hcservices.ecourts.gov.in/hcservices/