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Madras High CourtWP/30989/2022disposed of

V.Ramkumar v. Managing Director

2023-02-14Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE V.Ramkumar ... Petitioner vs.

1.Managing Director, Tamil Nadu State Marketing Corporation Limited (TASMAC), Chennai South, No.B4, Ambattur Industrial Estate, Ambattur, Chennai - 600 058.

2.District Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), Chennai South, No.B4, Ambattur Industrial Estate, Ambattur, Chennai - 600 058.

3.Deputy Collector, Chennai Metro Rail Limited (CMRL), CMRL Depot, Admin Building, Poonamalle High Road, Koyambedu, Chennai - 600 107.

...Respondents

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Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of Mandamus directing the respondents 1 and 2 vacate the premises and hand over the premises to the petitioner, on the expiry of the Lease i.e., on 27.12.2022.

For Petitioner : Mr.S.Sundaresan, for Ms.S.Vaitheeswari For Respondents 1 & 2 : Mr.K.Sathish Kumar, Standing Counsel

ORDER

The petitioner has filed this writ petition for a mandamus seeking for a direction to the respondents 1 and 2 to vacate the premises belonging to the petitioner and handover the vacant possession of the same to him as the lease granted in favour of the second respondent has got expired on 27.12.2022 itself.

2. Heard Mr.S.Sundaresan, learned counsel representing Ms.S.Vaitheeswari, learned counsel for the petitioner and Mr.K.Sathish Kumar, learned Standing Counsel appearing for the respondents 1 and 2. 2/6

3. Learned Standing Counsel appearing for the respondents 1 and 2 on instructions would submit that the second respondent requires sufficient time, i.e., six months, as they have to find an alternate place. The said statement made by the learned Standing Counsel appearing for the second respondent is recorded.

4. Learned counsel for the petitioner on instructions would submit that the petitioner would be satisfied, if the second respondent gives an undertaking that they shall vacate the premises within a period of six months from the date of receipt of a copy of this Order.

5. After recording the statement made by the learned standing counsel appearing for the respondents 1 and 2, this writ petition is disposed of by directing the second respondent to vacate the property situated at No.275/13, R.K.Mutt Road, Mylapore and handover the vacant possession of the same to the petitioner within a period of six months from the date of receipt of a copy of this order. The second respondent is also directed to file an affidavit of undertaking into the Registry of this Court that they shall vacate the aforementioned premises and handover the same to the petitioner within a 3/6

period of six months from the date of receipt of a copy of this order, after furnishing a copy of the same to the petitioner within a period of three day from the date of receipt of a copy of this Order. No costs. 14.02.2023 nl Index:Yes/No Internet:Yes/No Speaking/Non-speaking orders 4/6

To 1.Managing Director, Tamil Nadu State Marketing Corporation Limited (TASMAC), Chennai South, No.B4, Ambattur Industrial Estate, Ambattur, Chennai - 600 058.

2.District Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), Chennai South, No.B4, Ambattur Industrial Estate, Ambattur, Chennai - 600 058.

3.Deputy Collector, Chennai Metro Rail Limited (CMRL), CMRL Depot, Admin Building, Poonamalle High Road, Koyambedu, Chennai - 600 107.

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ABDUL QUDDHOSE, J.

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