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Madras High CourtWP/4291/2019dismissed as withdrawal

Simpson And Co Ltd v. State Of Tamil Nadu,

2022-03-18Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.NOS.4291 & 4294 OF 2019 & WMP.NO.4833 OF 2019 Simpson & Co. Ltd., Rep. By its Chief Financial Officer & Company Secretary, No.861/862, Anna Salai, Chennai - 600 002.

... Petitioner in both W.P.'s Vs

1. The State of Tamil Nadu, Rep. By the Secretary to Government, Micro, Small and Medium Enterprises (E) Dept., Secretariat, Fort St.George, Chennai - 600 009.

2. The Industries Commissioner and Director of Industries and Commerce, Guindy, Chennai - 600 032.

3. The Sub-Registrar, Poonamallee, Chennai.

... Respondents in both W.P.'s PRAYER in W.P.No.4291 of 2019:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records comprised in G.O.Ms.No. 40 Micro Small and Medium Enterprises (E) Department dated 15.10.2018 issued by the 1st respondent and quash the same as being illegal arbitrary and unconstitutional and consequently direct the respondent to levy and collect the lease rentals in respect of the lands of S.Nos. 105 131 and 132 with 4 sheds in Chembarambakkam Village Sriperumpudur Taluk Tiruvallur District for the period from 10.09.1989 to 09.09.2001 only for an extent of 7.50 acres and only based on the guideline value of the lands prevailing on the date of each such revision as per the records of the SubRegistrar Poonamallee Chennai and without any interest.

PRAYER in W.P.No.4294 of 2019:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, declaring that the demand of arrears of rent as per the G.O.Ms.No.40, Micro, Small and Medium Enterprises (E) Department, dated 15.10.2018 issued by the 1st respondent as being illegal and barred by Limitation under law.

(IN ALL W.P.'S) For Petitioner : Mr.R.Parthasarathy For Respondents : Mr.Jayaprakash, Government Advocate COMMON O R D E R Learned Counsel appearing for the petitioner seeks permission to withdraw these Writ Petitions with liberty to challenge G.O.Ms.No.37 dated 10.06.2019. He has also made an endorsement to this effect.

2. In light of the endorsement made, these Writ Petitions are dismissed as withdrawn and the liberty sought for is granted. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sl/kbs To

1. The Secretary to Government, State of Tamil Nadu, Micro, Small and Medium Enterprises (E) Dept., Secretariat, Fort St.George, Chennai - 600 009.

2. The Industries Commissioner and Director of Industries and Commerce, Guindy, Chennai - 600 032.

3. The Sub-Registrar, Poonamallee, Chennai.

+1cc to Mr.R.Parthasarathy, Advocate, S.R.No.19093 +1cc to the Government Pleader, S.R.No.19158 W.P.Nos.4291 & 4294 of 2019 & WMP.No.4833 of 2019 GPL(CO) PM/04/04/2022