Kader Hussain .A.S v. The State Express Transport Corporation
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.7417, 7418 & 7420 of 2024 A.S.Kader Hussain ... Petitioner in W.P.(MD)Nos.8211 & 8212 of 2024 S.Kalaiarasi .... Petitioner in W.P.(MD)No.8213 of 2024 Vs.
1.The State Express Transport Corporation Rep. by its Managing Director, Chennai-2.
2.The Branch Manager, State Express Transport Corporation, Thanjavur Branch, Thanjavur.
3.The Estate Officer, State Express Transport Corporation, Chennai-2.
... Respondents in all W.Ps.
Prayer in W.P.(MD)No.8211 of 2024 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to quash the order passed by the 3rd respondent on behalf of the 1st respondent through the 2nd respondent in Letter No.030926/G1/SETC/2018 dated 15.03.2024 and consequently, direct the respondents to extend the lease period for a further period of 3 years on an enhanced rent fixed by the 1/4
Corporation from 01.04.2024 to 31.03.2027 for shop No.9 in State Transport Corporation Bus Stand at Thanjavur.
Prayer in W.P.(MD)No.8212 of 2024 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to quash the order passed by the 3rd respondent on behalf of the 1st respondent through the 2nd respondent in Letter No.028359/G1/SETC/2018 dated 15.03.2024 and consequently direct the respondents to extend the lease period for a further period of 3 years on an enhanced rent fixed by the Corporation from 01.04.2024 to 31.03.2027 for shop No.10 in State Transport Corporation Bus Stand at Thanjavur.
Prayer in W.P.(MD)No.8213 of 2024 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to quash the order passed by the 3rd respondent on behalf of the 1st respondent through the 2nd respondent the 2nd respondent in Letter No. 094190/G1/SETC/2018 dated 15.03.2024 and consequently direct the respondents to extend the lease period for a further period of 3 years on an enhanced rent fixed by the Corporation from 01.04.2024 to 31.03.2027 for shop No.8 in State Transport Corporation Bus Stand at Thanjavur. For Petitioner : Mr.V.Chandrasekar For Respondents : Mr.S.C.Herold Singh (in all W.Ps) COMMON ORDER Heard both sides.
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2. The petitioners are the occupants of the premises belonging to the respondent corporation. Admittedly, the lease period has expired. The respondents want to bring the shops to auction. This cannot be objected. The petitioner's counsel submitted that till the auction process is over, the petitioners may be permitted to continue to occupy the shops. I felt that this request was reasonable. I called upon the learned standing counsel for the corporation to take instructions.
3. Today, when the matter was taken up for hearing, the learned standing counsel submitted that after the petitioners vacate the shops, the corporation proposes to carry out some renovation works and bring the shops to auction in the 1st week of June 2024. They want to make use of the election period for this purpose. When the respondents do not want to accommodate the petitioners, the writ Court cannot compel the respondents to do so. Since the license period has already expired, the petitioners also have no legal right as such. I am not in a position to interfere.
4. The Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
02.04.2024 Index : Yes / No Internet : Yes/ No rmi 3/4
G.R.SWAMINATHAN, J.
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