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Madras High CourtWP(MD)/14640/2025disposed of

R.Jeyanthi v. The Managing Director

2025-07-08Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)Nos.10864 & 13069 of 2025 R.Jeyanthi ... Petitioner Vs

1. The Managing Director, R.784, the Tiruchirappalli Cotton Cum Silk, Handloom Weavers Co-Op Production and Sale Society Limited, No. 56, Panchavarnasamy Kovil Street, Woraiyur, Tiruchirappalli - 620 003.

2. The General Manager, R.614, Tiruchirappalli District Co-operative Milk Producers Union Limited, Kottapattu, Tiruchirappalli.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the Respondents from vacating the petitioner from Door No. 57, Panjavarnasami kovil street, Woraiyur, Trichy, by considering the petitioners representation dated 15.04.2025, within the time stipulated by this Court.

For Petitioner : Mr. Boopal D For R-1 : Mr.J.Devasenan 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to forbear the respondents from vacating the petitioner from Door No. 57, Panjavarnasami kovil street, Woraiyur, Trichy, by considering the petitioner's representation dated 15.04.2025.

2. Admittedly, there is an agreement between the petitioner and the second respondent for selling Aavin products at the shop situated at the first respondent's premises. Now, the first respondent is intended to demolish the said building and is trying to put up further construction. In such circumstances, the petitioner has been directed to vacate the premises. Hence, the petitioner has filed the present writ petition seeking to forbear the respondents from vacating him.

3. This Court is of the considered opinion that the present writ petition cannot be entertained from forbearing the respondents from vacating the petitioner, since it is coming within the realm of tenant and the landlord. Therefore, the petitioner is directed to approach the appropriate Civil Court. Since the petitioner was directed to vacate the said premises within a short period, this Court is inclined to protect the petitioner by directing him to file appropriate civil suit, within a period of one month from the date of receipt of a copy of this order. 2/4

Until then, the respondents shall not vacate the petitioner from the subject premises. It is made clear that all legal issues and contentions of both the petitioner and the respondents, including disputes regarding the validity of documents, are left open. The Civil Court shall decide the matter on its own merits, uninfluenced by any observations made in this order, and in accordance with law.

4. With the above said directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

08.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr 3/4

S.SRIMATHY , J.

jbr To:

1. The Managing Director, R.784, the Tiruchirappalli Cotton Cum Silk, Handloom Weavers Co-Op Production and Sale Society Limited, No. 56, Panchavarnasamy Kovil Street, Woraiyur, Tiruchirappalli - 620 003.

2. The General Manager, R.614, Tiruchirappalli District Co-operative Milk Producers Union Limited, Kottapattu, Tiruchirappalli.

ORDER MADE IN DATED : 08.07.2025 4/4