R.Manisha Preeth v. The Tamil Nadu State Markeitng Corporation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.11.2018
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.29464 of 2018 R.Manisha Preeth ... Petitioner vs.
1.
The Tamil Nadu State Marketing Corporation Limited (TASMAC Ltd) Rep. by its Chairman Secretariat, Fort St.George, Chennai-600 009.
2.
The Senior Regional Manager TASMAC Ltd., LLA Building, Mount Road, Chennai-600 008.
3.
The Managing Director TASMAC Ltd., 4th Floor, CMDA Tower-II, IVth Floor, Gandhi Irwin Bridge Road, Egmore, Chennai-600 008.
4.
The District Manager, Chennai (North) IMFS Depot, TASMAC Ltd., TASCO Unit, B-4 Flats, Industrial Estate Ambattur, Chennai.
..Respondents Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents herein to consider the petitioner's representation dated 22.04.2015 along with the follow up reminders dated 04.12.2015, 04.02.2016, 14.09.2016 made for vacating the IMFL Shop in respect of TASMAC Shop No.40, situated at Door No.638/2, T.H.Road Tondiarpet, Chennai-81 and further directed the respondents to pay the arrears of rent due to the petitioner from the 3rd respondent and to dispose of the same in accordance with law.
For Petitioner : Mr.D.Kanagasundaram For Respondents : Mr.P.Arumugarajan standing counsel
O R D E R
Mr.P.Arumugarajan, learned standing counsel takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.
2. The petitioner seeks for mandamus directing the respondents herein to consider the petitioner's representation dated 22.04.2015 along with the follow up reminders dated 04.12.2015, 04.02.2016, 14.09.2016 made for vacating the IMFL Shop in respect of TASMAC Shop No.40, situated at Door No.638/2, T.H.Road Tondiarpet, Chennai-81 and further directing the respondents to pay the arrears of rent due to the petitioner from the 3rd respondent and to dispose of the same in accordance with law.
3. The grievance of the petitioner against the respondents is as follows.
The respondents having taken the property belonging to the petitioner to run a Tasmac Shop, by entering into the lease agreement dated 04.08.2005, has defaulted in payment of rent and also failed to vacate the premises in spite of his repeated representations. As on today, a sum of Rs.4,77,866/- is payable by the respondents towards the rental arrears.
4. This Court at this stage is not expressing any view on the merits of the claim made by the petitioner, as it is for the fourth respondent to consider and decide. Accordingly, this writ petition is disposed of, only with a direction to the fourth respondent to consider the representation of the petitioner dated 22.04.2015 and the reminder letters dated 04.12.2015, 04.02.2016 and 14.09.2016 and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. No costs.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar
mk To 1.
The Chairman, Tamil Nadu State Marketing Corporation Limited (TASMAC Ltd) Secretariat, Fort St.George, Chennai-600 009.
2.
The Senior Regional Manager TASMAC Ltd., LLA Building, Mount Road, Chennai-600 008.
3.
The Managing Director TASMAC Ltd., 4th Floor, CMDA Tower-II, IVth Floor, Gandhi Irwin Bridge Road, Egmore, Chennai-600 008.
4.
The District Manager, Chennai (North) IMFS Depot, TASMAC Ltd., TASCO Unit, B-4 Flats, Industrial Estate Ambattur, Chennai.
+1cc to Mr.D.Kanagasundaram, advocate sr.no.77545 +1cc to Mr.P.Arumugarajan, Advocate sr.no.77555 WP. No.29464 of 2018 nr 03/12/2018