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Madras High CourtWP/23095/2024disposed of

S.Amaravathi v. The Managing Director

2024-08-14Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.08.2024 Coram The Hon'ble Mr.Justice Krishnan Ramasamy and W.M.P.No.25210 of 2024 S.Amaravathi

...Petitioner

Vs.

1. The Managing Director, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Tower II, 4th Floor, Gandhi Irwin Road, Egmore, Chennai 600 008.

2. The Senior Regional Manager, TASMAC, L.L.A. Building, Anna Salai, Chennai 600 002.

3. The District Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Tiruvallur (East), Tiruvallur.

4. Veerapandian ... Respondents 1/6

Prayer: This Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents particularly the District Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Tiruvallur (East) District, Tiruvallur District to close down the TASMAC Shop No.9180 and the attached Bar at No.1/91, Thiruvalluvar Road, Ramapuram, Chennai the above premises of the petitioner immediately based on the petitioner's representation dated 26.07.2024. For Petitioner : Ms.N.P.Nagalakshmi For Respondents 1 to 3 : Mr.K.Balakrishnan Standing Counsel

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the respondents particularly the District Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Tiruvallur (East) District, Tiruvallur District to close down the TASMAC Shop No.9180 and the attached Bar at No.1/91, Thiruvalluvar Road, Ramapuram, Chennai the above premises of the petitioner immediately based on the petitioner's representation dated 26.07.2024.

2. Mr.K.Balakrishnan, learned Standing Counsel, takes notice for the 2/6

respondents 1 to 3.

3. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself.

4. The case of the petitioner is that, the petitioner is the owner of the aforesaid property. The petitioner's husband has entered into a Rental Agreement with one Mr.Veerapandian/4th respondent for the purpose of running a TASMAC Shop. After his demise, the petitioner has entered into a Rental Agreement on 02.08.2022 with the 4th respondent, for a period of 11 months, and the said period came to be expired on 05.07.2023. Therefore, the petitioner requested the 4th respondent to vacate the shop and handed over the premises immediately for the purpose of constructing a house in the aforesaid property for her own use. However, the 4th respondent refused the said request and continuing the TASMAC Shop in the aforesaid property without handing over the same to the petitioner. Therefore, the petitioner made a representation dated 26.07.2024 to the respondents 1 to 3, seeking to vacate the TASMAC shop in the aforesaid property, however, the said representation was not considered by the respondents 1 to 3. Hence, the petitioner has filed the present Writ Petition.

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5. The learned counsel for the petitioner submitted that, it would suffice, if this Court issues a direction to the first respondent to consider the petitioner's representation dated 26.07.2024 and pass orders on the same within a particular time frame that may be fixed by this Court.

6. The learned Standing counsel appearing for the respondents 1 to 3, would submit that, the petitioner's representation dated 26.07.2024 will be considered and an appropriate orders will be passed as expeditously as possible.

7. Heard the learned counsel for the petitioner as well as the learned Standing counsel for the respondents 1 to 3 and perused the materials available on record.

8. Considering the above submissions made by the learned counsel on either side, this Court issues a direction to the first respondent to consider the petitioner's representation dated 26.07.2024 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner and other aggrieved persons including the 4th respondent, within a 4/6

period of 4 (four) weeks from the date of receipt of a copy of this order.

9. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 14.08.2024 Speaking/Non-speaking order Index : Yes / No jd To

1. The Managing Director, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Tower II, 4th Floor, Gandhi Irwin Road, Egmore, Chennai 600 008.

2. The Senior Regional Manager, TASMAC, L.L.A. Building, Anna Salai, Chennai 600 002.

3. The District Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Tiruvallur (East), Tiruvallur.

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Krishnan Ramasamy,J., jd 14.08.2024 6/6