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G. R. SWAMINATHAN
Rishi Ad Promoters, Rep. by its Founder, Kamaludeen Azad, Virudhachalam – Appellant
Versus
Managing Director, Metropolitan Transport Corporation Chennai Ltd. , Chennai – Respondent
JUDGMENT
(Prayer in W.P.No.881 of 2022: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent in Letter No.04/13004/Advt.Rev./MTC/2021 dated 05.01.2022 and quash the same and direct the respondent to award the license for display of advertisement on 630 buses as per the agreement dated 26.02.2021.
W.P.No.888 of 2022: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent in Letter No.03/13003/Advt.Rev./MTC/2021 dated 05.01.2022 and quash the same and direct the respondent to award the license for display of advertisement on 500 buses as per the agreement dated 26.02.2021.
W.P.No.891 of 2022: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent in Letter No.02/13002/Advt.Rev./MTC/2021 dated 05.01.2022 and quash the same and direct the respondent to award the license for display of advertisement on 400 buses as per the agreement dated 26.02.2021.)
Common Order
1. The writ petitioner is engaged
The COVID-19 pandemic constituted a force majeure event, and the lockdown was not attributable to the fault of the allottees. Therefore, the DTIDC, being a public corporation, was directed to adopt a....
Court has not expressed any opinion on merit with regard to grievance raised in the petitions. It is independently open for the authority to take appropriate decision in accordance with law on the ba....
Contractual obligations cannot be decided in Writ proceedings, and parties are bound to resolve the issues before a competent forum or through negotiation.
The court cannot determine compensation for the closure period in the present writ proceedings if it is a contractual obligation.
The court mandated the timely consideration of pending representations by executive bodies to ensure compliance with legal obligations.
The court affirmed that the force majeure clause allows for the extension of a Train Side Vending License due to non-operation during the Covid-19 pandemic.
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