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Madras High CourtWP/28258/2022dismissed

M/S.Kun Motor Company v. Ministry Of Defence

2023-09-01Honourable Mr Justice N. Seshasayee2 pages

W.P.No.28258 of 2022 W.P.No.28258 of 2022 N.SESHASAYEE, J.

This matter is posted today under the caption "for clarification" at the instance of the learned counsel for the petitioner. 2.Learned counsel for the petitioner submitted that in paragraph No.5 of the order of this Court dated 01.09.2023 it is stated that 'the period for which extension was sought has also expired' as one of the grounds for dismissing the petition. He added that the 1st respondent has been extending the lease annually every year and accordingly the lease has since been extended till 31.12.2023. This is not reflected adequately in the order and that the Court has overlooked.

3.Learned counsel for the respondents however would submit that while it is true by a subsequent notification the 1st respondent has extended the lease from 01.01.2023 to 31.12.2023, yet this will not apply. 4.It is clarified that what is intended in paragraph No.5 of the order where it states "This apart, the period for which the extension was sought has also N.SESHASAYEE, J.

1/2 https://www.mhc.tn.gov.in/judis

W.P.No.28258 of 2022 kas expired", refers only to the period for which extension of lease was sought in the representation of the petitioner dated 28.09.2022. This is only a supplementary ground for dismissing the writ petition since the petition was essentially dismissed based on Clause 1(B)(a)(i) of the notification of the 1st respondent.

5.This Court considers that the matter is adequately clarified and does not want to add anything to the order of this Court dated 01.09.2023. 10.10.2023 (1/2) kas W.P.No.28258 of 2022 2/2 https://www.mhc.tn.gov.in/judis