M/S Sri Krishna Enterprises, v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.4.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.10324 of 2018 and W.M.P.No.12258 of 2018 1 M/s Sri Krishna Enterprises Rep. by its Proprietrix Mrs.Chandrika, Old.No.152-C New No.40 I Main Road, Ambattur Industrial Estate, Chennai - 600 058.
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PETITIONER Vs.
1 The Secretary Department of Industries and Commerce Fort St. George Chennai - 600 003.
2 The Joint Secretary MSME (C) Department Fort St. George Chennai - 600 003.
3 The Managing Director SIDCO Paulwels Road Kathipara Junction Chennai.
4 The Branch Manager SIDCO Industrial Estate Administrative Block Ambattur Chennai - 600 058....
RESPONDENTS Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to issue sale deed in favour of the petitioner namely M/s. Sri Krishna Enterprises at Plot 152-C I Main Road Sector-I 4th Lane Ambattur Industrial Estate, Chennai - 600 058 allotted vide Ref.No.10390/IE-1/94 dated 11.05.1994 & the second allotment of plot vide Ref.No.14086/IE-1/95 dated 21.07.1995. in favour of the petitioner company.
For Petitioner : Mr.T.Karthikeyan For Respondents 1 & 2 : Mr.V.Jayaprakashnarayanan Spl.Govt. Pleader For Respondents 3 & 4 : Mr.Abdul Saleem *****
O R D E R
The petitioner has come to this Court, claims to be an allottee of land measuring 4770 sq.ft. of Industrial land at Industrial Estate, Ambattur, Chennai, allotted to him fixing the cost of the land at Rs.1,25,330/- by an order dated 11.5.1994 issued by the Chairman and Managing Director of the Tamilnadu Small Industries Development Corporation Ltd. 2 Counsel for the petitioner submitted that an exchange of land was takes place and this was accepted by an order, dated 21.2.1995. The SIDCO exchanged land allotted to the petitioner and thereby allotted a land having an extent of 4850 sq.ft. to the petitioner by fixing the cost of land at Rs.1,33,805/-.
Further, by an order, dated 21.7.1995, petitioner was also further allotted a land having an extent of 4377 sq.ft. in favour of the petitioner fixing the cost of Rs.1,22,500/-.
Although he has paid the entire sale consideration by executing a Memorandum of Understanding, dated 16.10.1995, till date, the respondents have not come forward to issue a sale deed in favour of the petitioner. Therefore, he has come to this Court seeking mandamus directing the respondents to issue sale deed in favour of the petitioner.
3. Considering the limited scope of the prayer sought for by the petitioner, this Court directs the respondents 3 and 4 to consider the pending representation of the petitioner and the reminder letters given by the petitioner on various dates and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
5 The writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar vaan
To 1 The Secretary Department of Industries and Commerce Fort St. George Chennai - 600 003.
2 The Joint Secretary MSME (C) Department Fort St. George Chennai - 600 003.
3 The Managing Director SIDCO Paulwels Road Kathipara Junction Chennai.
4 The Branch Manager SIDCO Industrial Estate Administrative Block Ambattur Chennai - 600 058.
+1cc to Mr.T.Karthikeyan, Advocate sr.no.30766 +1cc to Government Pleader in sr.no.31289 W.P.No.10324 of 2018 and W.M.P.No.12258 of 2018 nr 23/05/2018