M/S.Ambattur Indl. Estate v. Tamilnadu Small Industries

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.5232 of 2014 and M.P.No.1 of 2014 M/s.Ambattur Industrial Estate Manufacturers Association, Rep. by its Secretary, G.Ravichandran.

.. Petitioner -vs1.Tamil Nadu Small Industries Development Corporationh, TANSIDCO, Thiru-vi-ka Industrial Estate, Guindy, Chennai 600 032.

2.M/s.Chennai Auto Ancillary Industrial Infrastructure Upgradation Company (CAAIIUC), Rep. by its Director, SIDCO Administrative Building, Second Main Road, Ambattur Industrial Estate, Chennai 600 058.

3.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai 600 003.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents to remove encroachments caused by the Petty shops run in kiosks, bunkers within the SIDCO Ambattur Industrial Estate area.

For Petitioner :

Mr.S.Mohan For Respondents :

Mr.Abdul Saleem for R-1 :

Mr.N.Mohideen Pitchai for R-2 :

Mr.G.Anantharangan for R-3 * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner, which is the Ambattur Industrial Estate Manufacturers Association, alleges that the land was allotted by the Tamil Nadu Small Industries Development Corporation, which is the first respondent, to the second respondent-company and the maintenance is carried out by the second respondent itself. 2.It is alleged that certain third parties have set up bunk shops and obtained interim orders from this Court by making only Corporation of Chennai as a party. It is, further, submitted that in the planned area, there are already provisions made for the purpose for which the bunk shops had been set up. 3.The writ petitions stated to be filed by the bunk shop owners are stated to be numbered as W.P.Nos.11865, 29218, 35341 of 2012 and W.P.Nos.2106 to 2109 of 2014.

4.In view thereof, we issue the following directions: a) The first respondent is free to take action against any encroachment or bunk shops operating in accordance with law subject to any interdict which may be operating by reason of any Court order;

b) The aforesaid writ petitions be listed before this Court on 07.12.2016.

5.Writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2014 stands closed. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To 1.Tamil Nadu Small Industries Development Corporation, TANSIDCO, Thiru-vi-ka Industrial Estate, Guindy, Chennai 600 032.

2.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai 600 003.

3.The Section Officer, Writ Section, High Court, Madras.

+1 cc to Mr.G.Anantharangan,advocate,sr.68173 +1 cc to Mr.M.Mohideen Pitchai, advocate,sr.16063.(3/1) +1 cc to Mr.S.Mohan,advocate,sr.16062 (3/1) lrs(co) krd 30/11 W.P.No.5232 of 2014