M/S.J.V.K. International v. The Tamilnadu Industrial

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2019

CORAM

THE HONOURABLE Mr.JUSTICE M.DHANDAPANI W.P. 25779 of 2005 and W.P.M.P. 28178 of 2005 M/s. J.V.E. International Granites, rep. by its Managing Partner, Mr.K.M.Jothilingam, 44/2C-1, Errahalli Village, Near Housing Board, Kaveripatnam, Krishnagiri Dt.

... Petitioner Vs

1. The Tamil Nadu Industrial Branch Office, DDDC Building (Upstairs), Pennagaram Road, Dharmapuri-636 702.

2. The Tamil Nadu Industrial MHV Complex, 473, Anna Salai, Nandanam, Chennai-35.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in TIIC/DPI/LAO-II/2005-2006 dated 27.07.2005 and quash the same and further direct the 1st respondent to consider the petitioner firm's request for one time settlement of loan arrears as per its representation dated 07.12.2004.

For Petitioner : Mr.P.M.Duraiswamy For Respondents : Mr.K.Magesh

O R D E R

This Writ Petition has been filed challenging the impugned order of the 1st respondent dated 27.07.2005 and quash the same and to direct the 1st respondent to consider the petitioner firm's request for one time settlement of loan arrears as per its representation dated 07.12.2004.

2. The learned counsel appearing for the petitioner has reported no instructions.

3. The learned counsel appearing for the respondents Tamil Nadu Industrial Investment Corporation would submit that the Writ Petition has been filed challenging the possession notice and while entertaining the Writ Petition, this Court did not grant any interim order. In the absence of any interim order, the possession was taken and auctioned the property. Hence, nothing survives for adjudication in this Writ Petition and the same may be dismissed as infructuous.

2. Recording the submission made by the learned counsel appearing for the respondents, one fact remains that the petitioner challenged the possession notice, after ten years, I do not find anything survives and hence, nothing survives for adjudication in this Writ Petition, this Writ Petition is dismissed as infructuous. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (Insp.Cell) //True Copy// Sub Assistant Registrar rpp To

1. The Tamil Nadu Industrial Branch Office, DDDC Building (Upstairs), Pennagaram Road, Dharmapuri-636 702.

2. The Tamil Nadu Industrial MHV Complex, 473, Anna Salai, Nandanam, Chennai-35.

+1 cc to M/s.K.Magesh, Advocate, S.R.No.53197 W.P. 25779 of 2005 and W.P.M.P. 28178 of 2005 PPA(CO) SSM(01/08/2019)