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Madras High CourtWP(MD)/3489/2014disposed of

S.Suthanmani, v. Tamilnadu Tourism Development

2022-02-07Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and M.P.(MD).No.1 of 2014 S.Suthanmani ... Petitioner Vs.

1.Tamil Nadu Tourism Development Corporation Ltd., Rep. by its Chairman and Managing Director, Tourism Complex, No.2, Wallajah Road, Chennai - 600 002.

2.The Regional Manager, Alagarkoil Road, Madurai - 625 002.

3.The Senior Manager, Kanniyakumari - 629 702.

... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to extend the period of contract for taking instant photographs at the Thiruvalluvar Statue, Kanniyakumari for the period of 157 days on the basis of the petitioner's representation, dated 18.02.2014.

For Petitioner : Mr.B.Brijesh Kishore, Advocate For Respondents : Mr.R.Murali for R1 R2 & R3 No Appearance

ORDER

This writ petition has been filed seeking for a direction to the respondents to extend the period of contract for taking instant photographs at Thiruvalluvar Statue, Kanniyakumari, for a period of 157 days, on the basis of the petitioner's representation dated 18.02.2014.

2.The case of the petitioner is that for a period of 157 days he was unable to take photographs as per the licence granted to him by the respondents and therefore, he has given a representation dated 18.02.2014, seeking for extension of the contract. Such a 1/3

direction cannot be given by this Court. If at all the petitioner can only seek for refund of the licence fees paid by him for the period of 157 days, which according to him, he was unable to take photographs as per the licence. Further, according to the learned Standing Counsel for the 1st respondent the licence is granted only for a period of one year.

3.This being the case, the relief sought for by the petitioner in the year 2014 cannot be granted by this Court in the year 2022. Therefore, after hearing the submissions made by the respective counsels, this Court is of the view that this writ petition has now become infructuous. However, liberty is granted to the petitioner to make representation to the respondents, if so advised to seek refund for the period of 157 days, during which, the petitioner alleges that he was unable to make use of licence and the respondents on receipt of the said representation shall consider the same on merits and in accordance with law.

4.With the aforesaid directions, this Writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.The Chairman and Managing Director, Tourism Complex, No.2, Wallajah Road, Chennai - 600 002.

2.The Regional Manager, Alagarkoil Road, Madurai - 625 002.

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3.The Senior Manager, Kanniyakumari - 629 702.

07.02.2022 RS(17.02.2022) 3P-4C 3/3