Spic Petrochemicals Ltd v. District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2019

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.3293 of 2010 Spic Petrochemicals Limited, Kosappur, Madhavaram PO.

Chennai - 600 060.

..Petitioner Vs 1.District Collector, Tiruvallur District, Collectorate, Tiruvallur.

2.Tahsildar, Madhavaram Taluk, Madhavaram, Chennai - 600 060.

3.Special Tahsildar (LA), Aromatics Complex - CPCL, Jones Road, Saidapet, Chennai - 600 015.

4.Principal Secretary to Government, Industries Department, Tamil Nadu, Fort St.George, Chennai - 9.

5.Company Secretary, Chennai Petroleum Corporation Limited, Anna Salai, Teynampet, Chennai - 600 018.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking issuance of a writ of certiorarified mandamus to quash the impugned order of the respondent No.1, bearing reference No.Rc.39956/2009/D3, dated 12.01.2010 and consequently forbear the respondents, their men, agents or anyone acting under them from taking any coercive steps in respect of the petitioner's factory situated at Kosappur Village, Madhavaram as Public Auction, attachment etc or otherwise.

For Petitioner : Mr.M.Siva Varthanan For Respondents : Mr.I.Sathish Additional Government Pleader for R1 to R4 Mr.B.Kishore for R5

O R D E R

Heard Mr.M.Siva Varthanan, learned counsel for the petitioner, Mr.I.Sathish, learned Additional Government Pleader for the respondents 1 to 4 and Mr.B.Kishore, learned counsel for the fifth respondent.

2. This writ petition has been filed for issuance of writ of certiorarified mandamus, to quash the order of the first respondent dated 12.01.2010 vide reference No.Rc.39956/2009/D3 and consequently forbear the respondents from taking any coercive steps against the petitioner company.

3. It seems that distraint proceedings have been initiated by the second respondent Tahsildar, Chennai under the Revenue Recovery Act, is challenged in this writ petition.

4. The learned Additional Government Pleader appearing for the respondents 1 to 4 and the learned counsel for the fifth respondent would submit that the petitioner company was under liquidation and an Official Liquidator was appointed by this Court and the land was also resumed by the Government in the year 2016, itself.

5. In the light of the above facts, I am of the considered opinion that no further adjudication is required in this writ petition. Accordingly, the writ petition is dismissed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ms To 1.The District Collector, Tiruvallur District, Collectorate, Tiruvallur.

2.The Tahsildar, Madhavaram Taluk, Madhavaram, Chennai - 600 060.

3.The Special Tahsildar (LA), Aromatics Complex - CPCL, Jones Road, Saidapet, Chennai - 600 015.

4.The Principal Secretary to Government, Industries Department, Tamil Nadu, Fort St.George, Chennai - 9.

+1 cc to Government Pleader Sr.No. 61951 W.P.No.3293 of 2010 A.SK(21/08/2019)