Mr. S.Jaisankar, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No. 13869 of 2015 and M.P. No. 1 of 2015 S.Jaisankar, Proprietor, M/s.Hema Industries, F.10/2, Second Cross Main Road, Near Rotary Hospital, Ambattur Industrial Estate, Chennai - 600 058.
... Petitioner -Vs1. The Managing Director, Tamil Nadu Small Industries Development Corporation Limited, Having Registered Office at Garment Complex II, (Near SIDCO Electronics Complex), Thiru Vi Ka Industrial Estate, Guindy, Chennai - 600 032.
2. The Branch Manager, Tamil Nadu Small Industries Development Corporation Limited, SIDCO Branch Office, Industrial Estate, Kakkalur, Tiruvallur District.
... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records of the first respondent in Rc.No.6560/IE-2/2008 dated 10.04.2015 and quash the same. For Petitioner : Mr.M.Arunkumar for Mr.Sampathkumar and Associates For Respondents : Mr.S.P.Prabhaharan
O R D E R
The order dated 10.04.2015 canceling the allotment on the ground of non-utilization of the plot by the petitioner is challenged in the present Writ Petition.
2. The petitioner states that he is carrying on business in the name and style of M/s.Hema Industries. On 23.10.2008, the first respondent / Tamil Nadu Small Industries Development allotted developed plot bearing G.86D measuring an extent of 10.38 cents (approx) at SIDCO Industrial Estate, Kakkalur to the petitioner. On 27.01.2010, a memorandum of understanding was entered into between the respondents and the petitioner in respect of the building in the allotted plot. On 27.08.2010, the possession of the plot was handed over to the petitioner for the purpose of constructing the building. However, there was no progress in the construction and during the inspection, the authorities found that the petitioner has not complied with the terms and conditions of the contract and they have issued a show cause notice on 30.05.
2011 for non-utilization of the allotted plot. The petitioner also submitted an explanation on 24.03.2015 to grant further time to complete the construction work. However, the said representation was not considered and the impugned order dated 10.04.2015 was passed canceling the allotment.
3. This Court in order to consider the case of the writ petitioner enquired about the present status of the building to be constructed by the petitioner. Admittedly, an interim order passed by this Court was in force. In view of the fact that the cancellation of allotment was stayed, this Court requested the respondents to inform about the present status.
4. The learned counsel appearing on behalf of the respondents on instructions made a submission that even during the pendency of the Writ Petition for past 5 1⁄2 years, no progress has been made by the petitioner and the construction has not yet been completed. If at all, the petitioner is interested in commencing the business in the allotted plot, he would have completed the construction and commenced the production or otherwise, but there is no progress in respect of the plot allotted in favour of the petitioner in spite of the interim order granted by this Court after a lapse of 5 1⁄2 years.
5. This being the factum, no further concession needs to be granted to the writ petitioner and the order impugned deserves no interference at this length of time.
6. Accordingly, the Writ Petition stands dismissed. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (CS-VI) // True Copy // Sub Assistant Registrar
vji / sp To
1. The Managing Director, Tamil Nadu Small Industries Development Corporation Limited, Having Registered Office at Garment Complex II, (Near SIDCO Electronics Complex), Thiru Vi Ka Industrial Estate, Guindy, Chennai - 600 032.
2. The Branch Manager, Tamil Nadu Small Industries Development Corporation Limited, SIDCO Branch Office, Industrial Estate, Kakkalur, Tiruvallur District.
+1CC to Mr.Sampathkumar & Associates, Advocate, SR.No. 52964 +1CC to M/s.S.P.Prabhakaran, Advocate, SR.No. 52611 W.P. No. 13869 of 2015 and M.P. No. 1 of 2015 KSM(CO) B.VC (27/10/2021)