1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.13709 of 2011 and M.P.(MD).No.1 of 2011 K.R.Chockalingam Nattar ... Petitioner Vs. 1. The District Collector, Trichy District, Trichy. 2. The District Manager, Tamil Nadu State Marketing Corporation Limited(TASMAC), Plot No.72, C.P.3 Bhell Nagar, SIDCO Estate, Thuvakudi, Trichy. 3. The Senior Regional Manager, Tamilnadu State Marketing Corporation Limited (TASMAC), Pon Nagar, Trichy. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to forbear the respondents from shifting the Shop No.10362 at 1-E, Salem Road, Musiri, Trichy District until the lease period expires and consequently directing the respondents to pay the usual rent. For Petitioner : Mr.P.Murugesan For R1 : Mr.A.Navaneethakrishnan Advocate General For R2 and R3 : Mr.M.Muniasamy O R D E R The petitioner has come to this Court by filing the present Writ Petition seeking issuance of a Writ of Mandamus to forbear the respondents from shifting the Shop No.10362 at 1-E, Salem Road, Musiri, Trichy District until the lease period expires and consequently to direct the respondents to pay the usual rent. 2. It appears, the petitioner has executed an agreement with the first respondent, the District Collector, Trichy, agreeing to let out his premises situated at 1-E, Salem Road, Musiri, Trichy to run a retail vending liquor shop. The lease deed is renewable for 11 months. On the basis of the agreement, the second respondent, the District Manager, Tamil Nadu state Marketing Corporation Limited, Trichy has taken possession of the petitioner's premises and the license also has been granted for running a Shop No.10362 in the said premises. 3. Therefore, according to the learned counsel appearing for the petitioner, when the original deed executed in October 2006, with renewal clause on expiry of every 11 months is going to expire on April 2012, on https://hcservices.ecourts.gov.in/hcservices/ 2 an apprehension that the respondents are intending to shift the liquor shop from the petitioner's premises to some other place before the completion of the term, he has come to this Court by filing the present Writ Petition seeking a Writ of Mandamus to forbear the respondents from shifting the Shop No.10362 at 1-E, Salem Road, Musiri, Trichy District, until the lease period expires with consequential direction to the respondents to pay the usual rent. 4. The learned Advocate General appearing for the first respondent submitted that this matter is purely a matter of contract between the petitioner and the first respondent and since the rights of the parties are being regulated only through the terms and conditions of the agreement executed between the petitioner and the respondent in respect of the premises in question, this Court, under Article 226 of the Constitution of India cannot entertain the writ petition for enforcement of contract, as his remedy lies elsewhere. This Court finds force in his submission. 5. If the petitioner is aggrieved by the breach of contract, it is for him to establish his right by approaching the appropriate civil forum and seek appropriate relief but not before the Writ Court by filing the Writ Petition under Article 226 of the Constitution of India. Therefore, by giving liberty to the petitioner to approach the appropriate forum, this Court finds no merits in the Writ Petition. Accordingly, the Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To 1. The District Collector, Trichy District, Trichy. 2. The District Manager, Tamil Nadu State Marketing Corporation Limited(TASMAC), Plot No.72, C.P.3 Bhell Nagar, SIDCO Estate, Thuvakudi, Trichy. 3. The Senior Regional Manager, Tamilnadu State Marketing Corporation Limited (TASMAC), Pon Nagar, Trichy. + 1 cc to Mr.P.Murugesan, Advocate, SR No.42118 W.P.(MD)No.13709 of 2011 30.11.2011 akv RJ/27.12.11 2p/5c https://hcservices.ecourts.gov.in/hcservices/