G.Gugan v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 23.11.2023

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY and W.M.P.No.32788 of 2023 G.Gugan ... Petitioner Vs.

1.The Managing Director, 2.The General Manager, 3.The Regional Manager, No.305A, Vilankurichi Road, Peelamedu, Railway Station Back Side, Chintamani, Co-operative Society Depot, Coimbatore 641 004.

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4.The District Manager, Tamil Nadu Wave Housing Corporation, Angeripalayam, Tiruppur 641 602.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents not to shift the TASMAC shop No.3830 from the petitioner's premises comprised in S.No.615/2C(1) at Kothal Rave Village, Dharapuram Taluk, Tiruppur District without following due process of law by considering the petitioner's representation dated 20.10.2023. For Petitioner : Mr.M.Arun For Respondent : Mr.M.Sekar, Standing counsel

ORDER

This writ petition has been filed to direct the respondents to consider the petitioner's representation dated 20.10.2023. 2/6

2. Mr.M.Sekar, learned Standing counsel, takes notice on behalf of the respondents. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself.

3. The learned counsel for the petitioner would submit that the petitioner is the owner of the premises and he had entered into a rental agreement dated 17.08.2023 with the 4th respondent. However, prior to the expiry of the said rental agreement, the 4th respondent is intended to shift the TASMAC shop without issuance of any notice to the petitioner. With regard to the same, the petitioner made representation dated 20.10.2023 before the respondents. However, the said representation was not considered by the respondents. Hence, this writ petition.

4. In reply, the learned counsel for the respondent would submit that considering the facts and circumstances of the case, an appropriate order may be passed by this Court.

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5. Heard the learned counsel for the petitioner and the respondents and also perused the materials available on record.

6. Upon considering the above submissions, this Court directs the respondents to consider the petitioner's representation dated 20.10.2023 and dispose of the same in accordance with law within a period 15 days from the date of receipt of copy of this order.

7. With the above directions, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is also closed. 23.11.2023 Speaking/Non-speaking order Index : Yes / No nsa To 1.The Managing Director, 4/6

2.The General Manager, 3.The Regional Manager, No.305A, Vilankurichi Road, Peelamedu, Railway Station Back Side, Chintamani, Co-operative Society Depot, Coimbatore 641 004.

4.The District Manager, Tamil Nadu Wave Housing Corporation, Angeripalayam, Tiruppur 641 602.

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KRISHNAN RAMASAMY.J., nsa and W.M.P.No.32788 of 2023 23.11.2023 6/6