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2014 Supreme(Mad) 4364

V.RAMASUBRAMANIAN
Sakthi Arrkay Traders & Caterers Private Limited, rep. by its Managing Director S. Krishnan – Appellant
Versus
Food Safety Officer – Respondent


Advocates Appeared:
For the Petitioner:AR.L. Sundaresan, S.C, for C. Prakasam, Advocate.
For the Respondent: P.H. Arvind Pandian, Addl. A.G Assisted by P. Sanjay Gandhi, Addl. G.P.

Judgment

1. The petitioner was selected by the Dean of the Madras Medical College in December 2008, to run a Canteen for the Madras Medical College Doctors, Students and Staff. The petitioner was obliged to run the Canteen with their own investment on a trial basis for sometime, to test the quality and consumer satisfaction.

2. After the petitioner ran the Canteen for three months successfully, the Dean of the Madras Medical College issued an order of allotment dated 31.3.2009, permitting the petitioner to run the Canteen on a monthly rent of Rs.20,000/-. Though the order of allotment required the petitioner to enter into an agreement on a stamp paper, the same did not materialise. Consequently, the petitioner could not pay the rent, as it was not accepted by the respondent without a formal agreement.

3. Therefore, after giving a representation on 11.11.2010, the petitioner filed a writ petition in W.P.No.16068 of 2012 seeking the issue of a writ of Mandamus to direct the Dean to pass orders on merits, on their representation. The said writ petition was admitted on 26.6.2012.

4. After coming to know of the writ petition, the Director of Medical Education issued a communication on 03.10







































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