R.Balachandar v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 17.11.2016 C O R A M THE HONOURABLE DR.JUSTICE S.VIMALA Writ Petition (MD) No.21592 of 2016 and W.M.P (MD) No.15438 of 2016 R.Balachandar .. Petitioner Vs.

1.The Managing Director, TASMAC Limited, 4th Floor, CMDA Tower - II, Egmore, Chennai - 600 008.

2.The Senior Regional Manager, TASMAC Limited, Plot No.100, Anna Nagar, Madurai - 20 3.The District Manager, TASMAC Limited, Ramanathapuram District, Ramanathapuram.

4.The District Collector, Ramanathapuram District, Ramanathapuram.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to vacate their Liquor vending shop namely TASMAC Shop No.6867 at Door No.4/1, Aruppukottai Road, Kadaladi Taluk, Sayalkudi Village Ramanathapuram District and to pay the arrears of rent.

For Petitioner ... Mr.P.Pethu Rajesh For R1 to R3 ... Mr.M.Muniasamy For R4 ... Mr.A.Muthukaruppan Additional Government Pleader

O R D E R

This is a writ of mandamus seeking direction to the respondents to vacate their Liquor vending shop namely TASMAC Shop No.6867 at Door No.4/1, Aruppukottai Road, Kadaladi Taluk, Sayalkudi Village Ramanathapuram District and to pay the arrears of rent.

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2.Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3.The petitioner is a lessee under one S.Mohamed Hasan, who executed a lease deed in favour of the petitioner on 27.01.2014. The respondents 1 to 3 have entered into an agreement with the petitioner for lease of the said premise for the period from 01.02.2015 to 31.01.2016. After the expiry of the lease period, now the petitioner claims the property for his personal requirement. As the respondents failed to vacate the premise, the present writ petition has been filed.

4.The learned counsel for the respondents 1 to 3 would submit that the respondents 1 to 3 are searching suitable place for shifting the TASMAC shop and hence, requested three months time to vacate the premise.

5.The learned counsel for the petitioner would submit that three months time may be given to vacate the premise subject to payment of rent for the remaining three months. 6.Recording the submissions made on both sides, this writ petition is ordered directing the respondents 1 to 3 to vacate the premises within a period of three months from today with a direction to pay the rent for those period of three months. No costs. Consequently, connected Miscellaneous petition is closed. Sd/- Assistant Registrar(AE) /TRUE COPY/ Sub Assistant Registrar To The District Collector, Ramanathapuram District, Ramanathapuram.

+1 cc to MR.P.Pethu Rajesah,ADVOCATE, SR NO:70322 +1cc to M/S.THE SPECIAL GOVERNMENT PLEADER, SR NO:70261 Writ Petition (MD) No.21592 of 2016 17.11.2016 rj2 rum/ss2/09.01.2017/2p/4c https://hcservices.ecourts.gov.in/hcservices/