Writ Petition filed seeking direction to vacate leased premises. Court accepted respondent's undertaking to vacate within one year and disposed of the petition without costs.
Directed the fourth respondent to vacate the premises on or before 31st December, 2017 and hand over to the petitioner.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:15.11.2016
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
Writ Petition(MD)No.19566 of 2016
A.Gulam Dasthakir ... Petitioner
Vs. 1.The Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai – 600 005. 2.The Joint Commissioner of Commercial Taxes, Dr.Thangaraj Salai, C.T.Building, Madurai-20. 3.The Deputy Commissioner of Commercial Taxes, C.T.Building, Sub-Collector Office Road, Dindigul. 4.The Commercial Tax Officer, 4/142-B7-1, Turnerpuram 2nd Street, Kodaikanal, Dindigul District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the fourth respondent to vacate the building and premises of the petitioner in Door No.142-B7-1-11-74, Ananthagiri 2nd Street, Kodaikanal, Dindigul District by considering the petitioner's representation, dated 12.07.2016 within a stipulated time. For Petitioner : M/s.T.Uma Maheswari
For Respondents : Mr.R.Karthikeyan, Additional Government Pleader
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ORDER
This Writ Petition has been filed by the petitioner seeking for issuance of a Writ of Mandamus, directing the fourth respondent to vacate the premises of the petitioner in Door No.142-B7-1-11-74, Ananthagiri 2nd Street, Kodaikanal, Dindigul District by considering the petitioner's representation, dated 12.07.2016 within a stipulated time.
“6.It is submitted that because of the geographical location and erection of special instruments for connectivity this respondent need one year time to vacate the building in order to get permission and erect special instruments (WAN) from BSNL Authorities. Hence we need time to get approval and sanctioned from the BSNL. Therefore, I am praying one year time to vacate the building, after filing of this writ petition, the respondent had requested PWD authority to allot any Government building or private buildings on contract. But the PWD authority had given a certificate that there is no building available at Kodaikanal.”
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With the above direction, this Writ Petition is disposed of. No Costs.
Sd/Assistant Registrar (AE) /True copy/ Sub Assistant Registrar
To
1.The Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai – 600 005. 2.The Joint Commissioner of Commercial Taxes, Dr.Thangaraj Salai, C.T.Building, Madurai-20. 3.The Deputy Commissioner of Commercial Taxes, C.T.Building, Sub-Collector Office Road, Dindigul. 4.The Commercial Tax Officer, 4/142-B7-1,Turnerpuram 2nd Street, Kodaikanal, Dindigul District. +1 CC to Mr.T.UMA MAHESHWARI, Advocate, SR No.68753 +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No.69299
W.P(MD)No.19566 of 2016 15.11.2016 pm SH/DB:07.12.2016:3P/7C
1 issue framed by the court
Whether a Writ of Mandamus is warranted directing the tenant to vacate premises and hand over possession within a specific time.
1 provisions across 1 enactments
Gulam Dasthakir
The Commissioner of Commercial Taxes
The Joint Commissioner of Commercial Taxes
The Deputy Commissioner of Commercial Taxes
The Commercial Tax Officer
V. BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
