M/S. Altex Fashions v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2023

CORAM

THE HON'BLE MR. JUSTICE RMT.TEEKAA RAMAN and W.M.P.No7298 of 2023 M/s.ALTEX Fashions, Represented by its Proprietor Osman Ali, Door No.A-4/223, OMR Main Road, Rajiv Gandhi Salai, Egattur Village, Chennai - 603 103.

... Petitioner Vs.

1. The Chairman, State Industries Promotion, Corporation of Tamil Nadu Ltd (SIPCOT) No.19-A, Rukmani Lakshmipathy Road, Egmore, Chennai - 600 008.

2. The Project Officer, Siruseri SIPCOT IT Park, Siruseri, Old Mahabalipuram Road, Chennai - 603 103.

3. The Tahsildar, Thiruporur Taluk, Thiruporur ... Respondents 1/6

PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to give the petitioner an opportunity of hearing before issuing the notice in Letter No.PO/SITP/SIRU/Court Case/2022, dated 03.03.2023 issued by the Project Officer, Project Office, SIPCOT INFORMATION TECHNOLOGY PARK, Siruseri - 603 103, with reference to the proceedings of the Estate Officer, SIPCOT Project Office in Ref.No.PO/SITP/Siruseri/Ahmed Rasool/2023 dated 16.02.2023 and to grant time of 11 months time to vacate the premises.

For Petitioner :

Mrs.G.Hema For R1&R2 :

Mr.Sudharsana Sundar Additional Government Pleader for R4 to R7 For R3 :

Mr.R.Kumaravel, Additional Government Pleader ******

ORDER

This Writ Petition has been filed directing the respondents to give the petitioner an opportunity of hearing before issuing the notice in Letter No.PO/SITP/SIRU/Court Case/2022, dated 03.03.2023 issued by the Project Officer, Project Office, SIPCOT INFORMATION TECHNOLOGY PARK, Siruseri - 603 103, with reference to the proceedings of the Estate Officer, 2/6

SIPCOT Project Office in Ref.No.PO/SITP/Siruseri/Ahmed Rasool/2023 dated 16.02.2023 and to grant time of 11 months time to vacate the premises.

2. Heard Mrs.Sudharsana Sundar, learned counsel appearing for R1 and R2 and Mr.R.Kumaravel, learned Additional Government Pleader appearing for R3.

3. In this case, the petitioner is a tenant of the subsequent property. The petitioner had entered into the lease agreement and had also established the livelihood made in the establishment, I am inclined to grant the eviction. After expressing the opinion of this Court, the petitioner today has filed an affidavit signed by Osman Ali on behalf of M/s.ALTEX Fashions represented by its Proprietor, he is undertake to vacate and hand over possession on or before 18.05.2023. The said affidavit of undertaking is hereby recorded.

4. Without going to the merits of this case, the undertaking given by the Osman Ali on behalf of M/s.ALTEX Fashions represented by its 3/6

Proprietor before this Court is hereby recorded and as per the undertaking, he has to vacate and hand over possession on or before 05.06.2023. The said affidavit of undertaking is hereby recorded.

5. Recording the above, this Writ Petition is disposed of. No costs. Consequently, connected W.M.P is closed.

6. The undertaking given by the parties are hereby recorded for the effective implementation. It is also made clear that the respondent shall not indulge in taking any coercive steps in the meanwhile. 09.03.2023 nvi Index : Yes/No Speaking Order : Yes / No To

1. The Chairman, State Industries Promotion, Corporation of Tamil Nadu Ltd (SIPCOT) No.19-A, Rukmani Lakshmipathy Road, Egmore, Chennai - 600 008.

4/6

2. The Project Officer, Siruseri SIPCOT IT Park, Siruseri, Old Mahabalipuram Road, Chennai - 603 103.

3. The Tahsildar, Thiruporur Taluk, Thiruporur 5/6

RMT.TEEKAA RAMAN.

J., nvi 09.03.2023 6/6