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Madras High CourtWP(MD)/10719/2020disposed of

Sampoornam v. Tamilnadu Small Industries

2023-04-05Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2023

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.(MD)No.10719 of 2020 & W.M.P.(MD)Nos.9446 and 9448 of 2020 Sampoornam ... Petitioner Vs.

1.Tamil Nadu Small Industries Development Corporation Ltd., (SIDCO), Rep. by its Managing Director, ThiruVi.Ka.Industrial Estate, Guindy, Chennai - 600 032.

2.The Branch Manager, SIDCO Branch Office, SIDCO Industrial Estate, Ariyamangalam, Trichy - 620 010.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to sell the Shop situated at Labour Shed, Industrial Estate, Ariyamangalam, Trichy to petitioner, on the basis of her representation dated 11.06.2020 within the time frame fixed by this Court.

For Petitioner :

Mr.S.Krishnan For Respondents :

Mr.K.P.Krishnadoss for R1 Mr.T.Sakthi Kumaran for R2

ORDER

The petitioner seeks for a mandamus to the respondents to sell the Shop situated at Labour Shed, Industrial Estate, Ariyamangalam, Trichy to the petitioner on the basis of her representation dated 11.06.2020.

2. The petitioner would submit that she is running a Tea Stall in the said premises which belongs to the respondents. The allotment was made in her favour in the year 2010 and she continues in the said premises. Originally the rent was fixed at a sum of Rs.2,300/- per month, which now stands at a sum of Rs.5,650/- together with GST. The petitioner would submit that her licence period had come to end on 06.06.2020 and therefore, she had sent a representation dated 11.06.2020 asking for the extension of licence and sale of the Shop. However, no steps were taken by the respondents to reply to the said request. She

would submit that she is a widow and suffers from hearing disability and the Shop is her only source of income. Therefore, this petition.

3. A counter has been filed by the respondents, in which they have stated that the petitioner is in arrears of rent to the tune of Rs.92,536/- for the period from February 2019 to June 2020 and even thereafter, she is in arrears.

4. However, the learned counsel for the respondents, on instructions, would submit that they are willing to sell their Shop to the petitioner, subject to the condition that she clears her entire rental arrears.

5. The learned counsel for the petitioner would at this juncture submit that the respondents while demanding the arrears of rent, shall take into consideration the relaxation for the COVID-19 period and give the details of the arrears of rent, after waiving the rent for the COVID-19 period.

6. The respondents shall furnish a statement regarding the details of the arrears of rent as well as the price for the purchase of the said Shop within a period of two weeks from the date of receipt of a copy of this order. The petitioner shall arrange to make the aforesaid payments within a period of 3 months from the date of receipt of such statement from the respondents.

7. With the above directions, the writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed. 05.04.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

P.T.ASHA , J.

mbi 05.04.2023