G.Padmanaban v. The Tamilnadu Small

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2022 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.8757 of 2006 and WMP No.9685 of 2006 Mr.G.Padmanaban

...Petitioner

-Vs1. The Tamilnadu Small Industries Corporation Ltd., Red. by its Chairman and Managing Director, Kathipara Junction, Paulwel's Road, Chennai 600 016.

2 The Branch Manager Tamilnadu Small Industries Corporation Ltd., Guindy Industrial Estate Guindy, Chennai-32.

...Respondents

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to execute the sale deed in favour of the petitioner with respect to the Labour Tenement No. : D-15 Labour Colony Thiru.Vi.Ka. Industrial Estate Guindy Chennai32 which was allotted on 24.10.1986 under the occupation of the petitioner for a sale consideration of Rs.9 600/-. For Petitioner :

Mr.M.Ravikumar For Respondents :

Mr.S.Yashwanth Standing Counsel for R1 & R 2

O R D E R

This writ petition has been filed for a direction to the respondents to execute a Sale Deed in favour of the petitioner with respect to the labour tenement which was allotted to the petitioner when he was in employment with Sidco. https://hcservices.ecourts.gov.in/hcservices/

2.The respondents have filed a counter affidavit and they have taken a stand that the petitioner is not entitled for the allotment since he does not satisfy the requirements of G.O.Ms.No.128, dt.24.3.1997.

3.The learned Standing Counsel appearing on behalf of the respondents also brought to the notice of this Court that the petitioner had sold the tenement in favour of one Deenadayalan and the said Deenadayalan is now running an industry in the name and style of M/s.STS Indian Company. In view of this development, the Sidco has initiated proceedings to evict the said Deenadayalan from the property. To substantiate this submission, the notice issued to the said Deenadayalan on 18.10.2019, under the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975 was also produced before this Court.

4.The attitude of the petitioner in conveying the property to another person without any semblance of right has to be taken note of by this Court.

This very attitude disentitles the petitioner to prosecute this writ petition and this Court does not find any merits in this writ petition. 5.In the result, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KP To 1.The Chairman and Managing Director, The Tamilnadu Small Industries Corporation Ltd., Kathipara Junction, Paulwel's Road, Chennai 600 016.

2.The Branch Manager Tamilnadu Small Industries Corporation Ltd., Guindy Industrial Estate Guindy, Chennai-32.

+1cc to Mr.M.Ravikumar, Advocate SR. No. 33879 +1cc to Mr.S.Yashwanth, Advocate SR. No. 34059 W.P.No.8757 of 2006 VGII (CO) PR (17/06/2022) https://hcservices.ecourts.gov.in/hcservices/