PALS ENTERPRISE Vs. ADMINISTRATOR GENERAL AND OFFICIAL TRUSTEE OF TAMIL NADU HIGH COURT CAMPUS CHENNAI

JUDGEMENT

(1.) ONE Pal's Enterprise has filed the application alleging that the firm Pal's Enterprise is a partnership firm, with partners K. Mohideen Kutty and D. Prabhakar along with V. Udayasuriyan, who is the deponent of the affidavit. The firm is a registered one. It is also alleged that the tenancy in respect of the premises bearing door No. 11, Stringers Street, Chennai-1 was transferred by the respondent-A.G.O.T. in favour of the applicant by order dated 20.3.2000. The entire arrears amounting to a sum of Rs. 5,64,000/- at the rate of Rs. 7,000/-p.m. from 1.9.1998 to 31.3.2000 has been remitted by way of demand draft dated 27.3.2000. It is also alleged that V. Udaya-suriyan-applicant, participated in an auction iri respect of IMFL Retail shop No. 113 for Division No. 30 of Fort-Tondiarpet Taluk and was declared as a successful bidder and remitted the required sum on 14.1.2000. It is also alleged that since suitable shop was not available, he could not do the business. To obtain FL-I licence from the concerned authority, no objection certificate from the owner of the premises is necessary and as such, the applicant is before this Court, praying to issue suitable direction to the respondent-A.G.O.T to issue N.O.C. in its favour so as to get FL-I licence to run the trade.

(2.) A counter affidavit has been filed by the respondent-A.G.O.T, denying the allegations as alleged. It is submitted that the property in question belongs to Rao Bahadur V. Thiruvengadathan Chetty Estate and the Estate is under the control of A.G./O.T. and one K. Mohindeen Kutty was the tenant, carrying on Hotel business under the name and style of "Ranjitham Restaurant". The said K. Mohideen Kutty, by letter dated 16.3.2000 intimated that since his hotel business carried on by him required additional investment, he intended to take one D. Prabhakar as a partner agreeing to pay enhanced rent and also stated that the tenancy shall be in the name of partnership under the name and style, of "Pal's Enterprise". In the counter it is stated that it was found in the partnership deed, one other person by name V. Udayuasuriyan had also been cited as a third partner, stating the nature of partnership business as for running the restaurant and/or retail trading in all varieties of goods including IMFL and such other business. It is submitted by letter dated 7.4.2000, the respondent stated that tenancy had been transferred in the name of Pal's Enterprise with effect from 20.3.2000, that K. Mohideen Kutty and D. Prabhakar are the partners and tenancy had been granted only for doing existing hotel business and not for running any liquor shop. It is also stated that no licence can be granted to run a liquor shop as it is against the terms and conditions of the tenancy agreement. It is also mentioned that the said V. Udayasooriyan had been a successful bidder from 14.1.2000, which is much prior to transfer of tenancy dated 20.3.2000, and therefore, he cannot claim of any right seeking N.O.C. for this Trust Property, which is under the management A.G.O.T. So far as the allegation regarding lease of a property for Tamil Nadu Tourism Development Corporation, it is submitted that the said premises was granted to I.I.D.C as per orders of this Court in Application No. 435 of 1987 dated 25.9.1987 for 30 years lease, but not for the purpose of running any liquor shop, and that apart, it is nothing to do with the trade of IMFL. It is submitted that under such circumstances, the application deserves to be dismissed.