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Madras High CourtWP/29944/2024disposed of with direction

K.M.Ramesh v. The Life Insurance Corporation Of India

2024-10-15Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2024 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI K.M.Ramesh ... Petitioner Vs.

1.The Life Insurance Corporation of India, Rep. by the Estate Officer, Anna Salai, Chennai - 600 002.

2.The Secretary, Estates Department, Life Insurance Corporation of India, Anna Salai, Chennai - 600 012.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 20.09.2024 for transferring the tenancy in his name based on the consent of Allottee vide Letter dated 14.09.2024.

For Petitioner : Mr.S.Arivazhagan ***** Page No.1 of 6

ORDER

This Writ Petition has been filed by the petitioner seeking for a Writ of Mandamus, to direct the respondents to consider the representation of the petitioner dated 20.09.2024 for transferring the tenancy in his name based on the consent of Allottee vide Letter dated 14.09.2024.

2. Since no adverse order has been passed against the respondents, notice to the respondents is dispensed with.

3. The case of the petitioner is that, he is an Advocate and practicing before this Court and City Civil Court under the guidance of Mr.K.Venkatraman for the past several years. One Mukilan, Advocate, who is his colleague and they are the occupants of Room No.16, Andhra Insurance Building, 3rd Floor, No.156, Thambu Chetty Street, Chennai - 600 002 and having office at this premises with the permission of the respondent. The said K.Venkatraman is an advocate, who is the senior of the petitioner and the said Mukilan, and he is the original allottee of the above said premises and he wanted to permit them to use the said premises as occupants. Therefore, he had submitted a letter of Page No.2 of 6

undertaking to the respondents on 14.09.2024, since they are taking care of his cases and paying rents to the respondents in their senior name till date, without any default and the same has been acknowledging by the respondents. Due to the age and allied health issues, the said Venkatraman wanted to retire from practicing and decided to hand over the cases handled by him to the petitioner and the said Mukilan, where he maintained the records in the office situated at Thambu Chetty Street. Now, the petitioner and the said Mukilan are taking care of the office and cases of their senior due to the above bonafide reasons. Further, the said Venkatraman made a request to the 2nd respondent on 14.09.

2024 with regard to transfer of his tenancy to the petitioner's name, since the petitioner and the said Mukilan are taking care of the legal works and office of him. Thereafter, the petitioner also made request to the respondent on 20.09.2024 with regard to transfer of lease, however, the same was not considered by the respondents. Hence, the petitioner has filed this writ petition before this court for appropriate orders.

4. Though very many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that, it would Page No.3 of 6

suffice, if this Court, issues a direction to the respondents to consider the representation of the petitioner dated 20.09.2024 for transferring the tenancy in his name based on the consent of Allottee vide Letter dated 14.09.2024, within a time frame that may be stipulated by this court.

5. Considering the limited request made by the learned counsel for the petitioner, this court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner dated 20.09.2024 along with the consent of Allottee vide letter dated 14.09.2024, on merits and in accordance with law and pass appropriate orders, within a period of four (4) weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any.

6. With the above direction, this writ petition is disposed of. No costs.

15.10.2024 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 6

To 1.The Estate Officer, Life Insurance Corporation of India, Anna Salai, Chennai - 600 002.

2.The Secretary, Estates Department, Life Insurance Corporation of India, Anna Salai, Chennai - 600 012.

Page No.5 of 6

M.DHANDAPANI, J.

sp 15.10.2024 Page No.6 of 6