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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.MAHADEVAN, ACJ., MOHAMMED SHAFFIQ
Ferdous Estates Private Limited represented by Director – Appellant
Versus
State of Tamilnadu represented by its Principal Secretary – Respondent
JUDGMENT :
R. MAHADEVAN, ACJ.
1. The appellant is the sixth respondent in Writ Petition No. 30238 of 2023. The said writ petition was filed by the sixth respondent in this appeal praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the order in MA5/9452/2023 dated 21.09.2023 of the second respondent, quash the same and consequently direct the third respondent to renew the FL-2 License issued to the writ petitioner.
2. In the affidavit filed in support of the writ petition No. 30238 of 2023, it was stated that the writ petitioner is a society registered under the Tamil Nadu Societies Registration Act, registered on 05.09.1994 and from that date, they have taken up the property bearing Door No.6, Kushkumar Road, Nungambakkam, Chennai - 600 034 on lease from the erstwhile owners. The writ petitioner also obtained FL 2 license from the third respondent and running a bar in their club premises and also a permit room from 1994 itself. It is further stated that the writ petitioner club has more than 1500 members on their roll. It is also stated that the lease was periodically renewed and as per the registered lease agreement dated 17.10.2018, registered as d
A lease created in litigation cannot confer lawful possession; owner consent is essential for license renewal.
The distinction between a license and a lease is determined by the intention of the parties, as reflected in the deed, rather than merely the possession of the property.
The consent of the owner of the premises is necessary for carrying on liquor business, and in the absence of such consent, the authority is not entitled to grant a license to the tenant.
The nature of an agreement, whether lease or license, is determined by the real intention of the parties as decipherable from the document and surrounding circumstances. The court's interference with....
The main legal point established in the judgment is that the expiration of a lease, suppression of material facts, and the effect of holding over under the Transfer of Property Act, 1882 were central....
The main legal point established in the judgment is the court's discretion to grant a decree under Order XII Rule 6 of CPC based on clear admissions in the pleadings and reply notice, especially when....
The appeal upheld that expired leave and license agreements do not confer tenant rights; occupancy post-expiration was considered trespassing.
The renewal of a lease requires timely applications and continuous possession; failure to meet these criteria results in loss of entitlement, as established in the case.
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