Madras High CourtWP(MD)/22366/2023dismissed

Mathialagan v. Tamilnadu Tourism Development Corporation Ltd.,

2023-09-13Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.22366 of 2023 and WMP(MD) No.18643 of 2023 Mathialagan ... Petitioner Vs 1.Tamilnadu Tourism Development Corporation Ltd., Through its Managing Director, Chennai - 600 002.

2.The General Manager, Tamilnadu Tourism Development Corporation Ltd., Wallajah Road, Chennai - 600 002.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to extend the lease period by 18 months, pursuant to the Franchise Agreement, dated 19.08.2008 between the petitioner and the respondent in respect of Hotel in Vaigai Dam, Theni District, which period petitioner was not able to exercise his rights on account of COVID 19 pandemic.

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For Petitioner : Mr.V.R.Shanmuganathan

O R D E R

The petitioner has entered into a Franchise Agreement with the respondents for running a Hotel, namely 'Hotel Tamilnadu' in Vaigai Dam, Theni District for a period of 15 years from 19.08.2008 and the agreement expires in the month of October 2023. The grievance of the petitioner is that during COVID-19 pandemic period, the petitioner was not able to exercise his rights. Hence, seeking extension of lease period for a further period of 18 months, the petitioner has submitted a representation to the respondents. However, the same was not considered. Hence, this petition. 2.In the absence of any provision, enabling the respondents to extend the lease period, this Court cannot issue any positive direction to the respondents.

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3.Accordingly, this writ petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 13.09.2023 NCC :Yes/No Index :Yes/No Internet:Yes vrn To 1.Tamilnadu Tourism Development Corporation Ltd., Through its Managing Director, Chennai - 600 002.

2.The General Manager, Tamilnadu Tourism Development Corporation Ltd., Wallajah Road, Chennai - 600 002.

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B.PUGALENDHI, J.

vrn Order made in W.P(MD)No.22366 of 2023 and WMP(MD) No.18643 of 2023 13.09.2023 4/4