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(2007) 3 MLJ 405 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : P. Sathasivam and N. Paul Vasanthakumar, JJ.
Case Number(s) : W.A. Nos. 3064 of 2004 and 394 of 2005
Judgement Date :
Tuesday 27th of March 2007
| A.J. Baskaran | .....Appellant(s) | | Versus | | | Tamil Nadu State Transport Corporation, Villupuram Divn.-I Ltd., through its M.D., Villupuram | .....Respondent(s) |
Constitution of India (1950), Article 226 — Writ petition challenging the order terminating the licence and also forfeiting the Earnest Money Deposit and Bank Guarantee — Licencee also directed to hand over possession within 24 hours — Writ petition disposed with directions for payment of licence fee for a period of three months and refund of the balance amount — Order challenged in writ appeal — Licencee had surrendered possession on 13.2.2001 — There cannot be an order of forfeiture of deposits and Bank Guarantee on the ground that possession was not handed over — Licencee is entitled to maintain the writ petitions — Writ appeals dismissed.
Cases Referred
Central Inland Water Transport Corporation Ltd. v. Brojo Nath Ganguly 1986-II-LLJ-171 (SC)
Jai Durga Finvest Pvt. Ltd. v. State of Haryana AIR 2004 SC 1484
Kerala Samsthana Chethu Thozhilali Union v. State of Kerala 2006-II-LLJ-529 (SC)
Krishna & Company v. Government of A. P. AIR 1993 AP 1
L. K. Verma v. HMT Ltd. 2006-I-LLJ-1074 (SC)
LIC of India v. Consumer Protection & Research Centre AIR 1995 SC 1811
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