Sampoornam vs. Tamilnadu Small Industries

Facts

The petitioner, Sampoornam, filed a writ petition seeking a mandamus to direct the respondents, Tamil Nadu Small Industries Development Corporation Ltd. (SIDCO) and its Branch Manager, to sell a shop she occupies in Trichy. She has been running a tea stall in the premises since 2010, with her license period ending on June 6, 2020. She submitted a representation on June 11, 2020, requesting an extension of her license and the sale of the shop. The respondents, in their counter, stated that the petitioner was in arrears of rent amounting to Rs. 92,536/- for the period from February 2019 to June 2020 and continues to be in arrears. The petitioner is a widow with a hearing disability and the shop is her sole source of income.

Held

The Court disposed of the writ petition with directions. The respondents were directed to furnish a statement detailing the rental arrears and the price for the purchase of the shop within two weeks of receiving a copy of the order. The petitioner was then directed to make the payments within three months of receiving this statement. The Court acknowledged the petitioner's request for relaxation of rent for the COVID-19 period, and this was implicitly to be considered by the respondents when furnishing the statement of arrears. The Court did not explicitly decide on the legal entitlement to the sale or the exact calculation of arrears but facilitated a resolution by directing the parties to provide necessary information and make payments. The issue of whether the respondents were legally obligated to sell the shop was not definitively decided, but a path towards sale was established.

Key Issues

1. Whether the Court should issue a writ of mandamus directing the respondents to sell the shop to the petitioner, considering her rental arrears. Petitioner's contentions: The petitioner, a widow with a hearing disability and the sole breadwinner, sought the sale of the shop based on her representation dated June 11, 2020, after her license expired. She requested that the respondents consider relaxation for the COVID-19 period when calculating rental arrears and provide details of the arrears after waiving rent for that period. Respondents' contentions: The respondents initially stated that the petitioner was in arrears of rent. However, their counsel, on instructions, submitted that they were willing to sell the shop to the petitioner, subject to her clearing all rental arrears. The respondents did not rely on any specific provisions, circulars, or precedents.