Mohan Enterprises v. The Tamilnadu Small Industries

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.37054 of 2007 & M.P.No.1 of 2007.

M/s Mohan Enterprises rep.by Mr.K.Ram Mohan Rao No.6-A, Brindavan Apartments Brindavanam Street Mylapore, Chennai-4 ..Petitioner -vs1. The Tamil Nadu Small Industries Development Corporation rep.by its Chairman & M.D.

Garments Complex-II (Near Electronics Complex) Industrial Estate, Guindy Chennai 600 032

2. The Branch Manager TANSIDCO Branch Office Thiru-Vi-Ka Industrial Estate Guindy, Chennai 600 032

3. The State of Tamil Nadu rep.by its Secretary Micro, Small and Medium Enterprises Department Secretariat, Fort St.George Chennai 600 009 (R3 impleaded as per order dated 5.3.2013 in M.P.No.1 of 2013 in W.P.No.37054 of 2007) ..Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to hand over vacant possession of the developed plot bearing No.PK-3 of a total extent of 5500 sq.ft in the Industrial Estate, Guindy allotted in pursuant to the orders of the first respondent by his proceedings bearing No.113653/IE3/95 dated 12.07.95 and execute the sale deed in favour of the petitioner.

For Petitioner :: Mr.S.Rajendra Kumar for M/s Norton & Grant For Respondents:: Mr.V.P.Sengottuvel Standing Counsel for R1 & 2

ORDER

The petitioner, being an allottee of the plot bearing Plot No.PK-3 by the Chairman and Managing Director of the Tamil Nadu Small Industries Development Corporation, the first respondent herein vide proceedings No.13653/IE-3/95 dated 12.7.95, has come to this Court seeking issuance of a writ of mandamus directing the respondents to handover vacant possession of the said plot and also to execute the sale deed in favour of the petitioner.

2. When the matter was taken up, Mr.V.P.Sengottuvel, learned standing counsel for the respondents 1 & 2 submitted that the prayer of the petitioner has been considered, as the vacant possession of the plot in question has been handed over to the petitioner, and the sale deed will be executed in favour of the petitioner shortly.

3. The learned counsel for the petitioner, agreeing to the same, requested this Court to close the writ petition.

4. Since the plot in question has been handed over to the petitioner by the Managing Director of SIDCO, this writ petition is closed directing the respondents 1 & 2 to execute the sale deed in favour of the petitioner within a period of one week from today. Consequently, M.P.No.1 of 2007 is also closed. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar ss To

1. The Chairman and Managing Director Tamil Nadu Small Industries Development Corporation Garments Complex-II (Near Electronics Complex) Industrial Estate, Guindy Chennai 600 032

2. The Branch Manager TANSIDCO Branch Office Thiru-Vi-Ka Industrial Estate Guindy, Chennai 600 032

3. The Secretary to Government Micro, Small and Medium Enterprises Department Secretariat, Fort St.George Chennai 600 009 +1 CC to M/s Norton & Grant, sr 12409.

+1 CC to Mr.V.P.Sengottuvel, Advocate sr 12659(25/03/2019) W.P.No.37054 of 2007 VSNII(CO) SP(12/02/2019)