Madras High CourtWP(MD)/7857/2022disposed of

Dineshkumar, v. The Managing Director

2022-04-25Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE E.Dineshkumar ... Petitioner /Vs./ 1.The Managing Director, A.1254, Theni Agricultural Products Producers Cooperative Sales Society, Opp.To Weekly Market, Periyakulam Road, Theni District.

2.The Joint Registrar Of Cooperative Societies, Theni Region, Backside Of The District Collectorate Campus, 3.The Deputy Registrar Of Public Distribution, District Lorry Tender Administration Committee, Back Side Of District Collectorate Campus, 4.The Deputy Registrar Of Cooperative, Periyakulam Region, Vaigai Anai Salai, Periyakulam, ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the representation of the Petitioner dated 12.04.2022, pertaining to extending the period of agreement for a further period of two years to ply 5 lorries of the Petitioner already subjected to transport civil supply products at Periyakulam. For Petitioner : Mr.K.R.Laxman For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a limited relief. The petitioner seeks for extension of his lease period on the ground that due to Covid-19 pandemic, he had suffered huge loss.

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2.According to the petitioner, he has already been granted extension, but that is not sufficient to mitigate his loss. In such circumstances, he has given a representation on 12.04.2022 seeking for further extension at the same price fixed in the year 2018, when the petitioner was awarded a contract.

3.As seen from the affidavit filed in support of this writ petition, due to Covid-19 pandemic, the petitioner seems to have suffered huge loss. The petitioner has already been granted extension. But, it is claimed by the petitioner that the extension has not mitigated his loss.

4.No prejudice would be caused to the first respondent, if the petitioner's representation dated 12.04.2022 seeking for further extension of his lease period is considered on merits and in accordance with law, within a time frame to be fixed by this Court. 5.For the foregoing reasons, this Court directs the first respondent to consider the petitioner's representation dated 12.04.2022 seeking for further extension of his lease period as a transport contractor for the first respondent due to the alleged loss suffered by him on account of Covid-19 pandemic and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner, within a period of three [3] months from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) Sm To 1.The Managing Director, A.1254, Theni Agricultural Products Producers Cooperative Sales Society, Opp.To Weekly Market, Periyakulam Road, Theni District.

2.The Joint Registrar Of Cooperative Societies, Theni Region, Backside Of The District Collectorate Campus, 2/3

3.The Deputy Registrar Of Public Distribution, District Lorry Tender Administration Committee, Back Side Of District Collectorate Campus, 4.The Deputy Registrar Of Cooperative, Periyakulam Region, Vaigai Anai Salai, Periyakulam, order made in (4/4) Dated:

25.04.2022 SS/11.05.2022 : 3P/5C 3/3