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Madras High CourtWP/22288/2012dismissed

N.Selvaraj v. The Managing Director

2022-12-09Honourable Dr Justice Anita Sumanth4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 09.12.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH and M.P.Nos.1, 1 of 2012, 1 and 1 of 2014

1. N.Selvaraj (Deceased) 2.S.Krishnammal

3. N.S.K.Kalairaja

4. N.S.K.Karumai Raja

5. R.Kalaiselvi

6. S.Kanitha (P2 to P6 substituted as Lrs of deceased P1 vide order dated 07.08.2019 in WMP No.21619 of 2019) ... Petitioners in W.P.No.22288 of 2012

1. N.Durairaj (Deceased)

2. D.Sellammal

3. D.Premalatha

4. D.Chandramohan

5. Duraiselvamohan

6. D.Rajmohan (P2 to P6 substituted as Lrs of deceased P1 vide order dated 18.12.2019 in WMP No.35585 of 2019) ... Petitioners in W.P.No.22289 of 2012 Vs 1.The Managing Director, The Tamilnadu Industrial Investment Corporation Ltd., 692, Anna Salai, Chennai - 35.

2. The Tamilnadu Industrial Investment Corporation Ltd., Trichirapalli Branch, rep. by its Branch Manager, I.R.T. Building, 33, Barathidasan Salai, Contonment, Trichy - 620 001.

.... Respondents COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for records in connection with the impugned notice TIIC/PERMFO/FU/2012-13 dated 07.08.2012 of 2nd respondent issued to the petitioner and quash the same and consequently direct the respondents to close the above loan account.

In both W.Ps.

For Petitioner : Ms.L.Aishwarya Lakshmi for Mr.K.Thiruvengadam For Respondents : Mr.H.Adaikala Arockiaraj COMMON ORDER The petitioners, who are brothers, had approached the Tamilnadu Industrial Investment Corporation Ltd. (TIIC) and availed financial assistance. Pending Writ Petitions, the petitioner in both Writ Petitions passed away and the present petitioners who are their legal heirs stood substituted.

2. The impugned communication dated 07.08.2012 has been issued by TIIC requesting them to settle the entire overdues on or before 16.08.2012.

3. Pending Writ Petitions, the petitioners had reiterated their inclination to settle the matter and at their instance, the matter had been referred to mediation. The report of the Mediator received on 15.11.2022 is to the effect that no agreement was arrived at between the parties.

4. In light of the admitted position that there have been defauls in settlement of the financial assistance availed, there is no justification whatsoever for intervention in the impugned communication and hence the order of status quo granted on 19.11.2012 is vacated forthwith.

5. These Writ Petitions are dismissed. No costs. Connected Miscellaneous Petitions are closed.

09.12.2022 Index : Yes / No Speaking Order sl To 1.The Managing Director, The Tamilnadu Industrial Investment Corporation Ltd., 692, Anna Salai, Chennai - 35.

2. The Tamilnadu Industrial Investment Corporation Ltd., Trichirapalli Branch, rep. by its Branch Manager, I.R.T. Building, 33, Barathidasan Salai, Contonment, Trichy - 620 001.

Dr.ANITA SUMANTH,J.

Sl and M.P.Nos.1, 1 of 2012, 1 and 1 of 2014 09.12.2022