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Madras High CourtWP/8532/2023disposed of

M/S.Fb Cakes v. The Chairman

2023-03-17Honourable Mr Justice Rmt. Teekaa Raman5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.P.No.8532 of 2023 and W.M.P.No.8717 of 2023 M/s.FB Cakes, Represented by its Proprietor M.Mohamad Ibrahim, SF No.149/10a, Egattur Village, Thiruporur Taluk, Chengalpattu - 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.

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3. The Tahsildar, Thiruporur Taluk, Thiruporur.

....Respondents 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/Encroachment/2023 dated 07.03.2023 issued by the Project Officer, Project Office, SIPCOT INFORMATION TECHNOLOGY PARK, Siruseri - 603 103 (hereinafter referred to as Project Officer, SIPCOT for the sake of brevity) and to grant time of 11 months time to vacate the premises. For Petitioner : Mrs.G.Hema For R1&R2 :

Mr.G.Suresh Kumar, Standing Counsel for SIPCOT For R3 :

Mrs.S.Mythreye Chandru, Spl. Government Pleader

O R D E R

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/Encroachment/2023 dated 07.03.2023 issued by the Project Officer, Project Office, SIPCOT INFORMATION TECHNOLOGY PARK, Siruseri - 603 103 (hereinafter referred to as 2/5

Project Officer, SIPCOT for the sake of brevity) and to grant time of 11 months time to vacate the premises.

2. Heard Mrs.G.Hema, learned counsel appearing for the petitioner and Mr.G.Suresh Kumar, learned Standing Counsel appearing for R1/SIPCOT.

3. In this case, the petitioner is a tenant of the subsequent purchaser. The petitioner had entered into the lease agreement and had also established the livelihood. I am inclined to grant eviction. After expressing the opinion of this Court, the petitioner today has filed an affidavit signed by the proprietor Mohamad Ibrahim on behalf of M/s.FB Cakes and he has undertaken to vacate and handover possession of the premises on or before 05.06.2023.

4. Without going to the merits of this case, the undertaking given on behalf of M/s.FB Cakes represented by its 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 for effective implementation. 3/5

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 shall form part of the order. It is also made clear that the respondent shall not indulge in taking any coercive steps in the meanwhile.

17.03.2023 nvi Index: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.

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

3. The Tahsildar, Thiruporur Taluk, Thiruporur.

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RMT.TEEKAA RAMAN,J., nvi W.P.No.8532 of 2023 and W.M.P.No.8717 of 2023 17.03.2023 5/5