Poly Pipes, v. Tamilnadu Small Industries

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.33288 of 2014 Poly Pipes, represented by its Proprietrix, Premlata Hirawat, 10,Choolai High Road, Chennai-600 112.

.. Petitioner Vs.

1.Tamilnadu Small Industries Development Corporation Limited, represented by its Managing Director, Electronics Complex, Thiru Vi.Ka. Industrial Estate, Guindy, Chennai-600 032.

2.The Branch Manager, SIDCO Branch Office, Thiru Vi.Ka. Industrial Estate, Guindy, Chennai-600 032.

.. Respondents The writ petition is filed under Article 226 of the Constitution of India praying for the issue of a writ of mandamus, directing the respondents to consider the representation of the petitioner, dated 11.10.2014 and pass such orders, in the light of the observation made by the Division Bench of this Court, in paragraph 8 of the order, dated 13.6.2007, made in W.A.No.3146 of 2002, similar to the allotment order of the first respondent in R.C.Nos.10552/1E1/2013-5 and 10552/1E1/13-8, dated 3.3.2014.

For Petitioner : Mr.Kandhan Duraisami For Respondents : Mr.Abdul Saleem

ORDER

Heard the learned counsel appearing on behalf of the petitioner, as well as the learned counsel, appearing on behalf of the respondents.

This writ petition has been filed by the petitioner, praying that this Court may be pleased to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner, dated 11.10.2014 and pass orders, in the light of the observation made by the Division Bench of this Court, in paragraph 8 of the order, dated 13.6.2007, made in W.A.No.3146 of 2002.

Though various grounds have been raised in the affidavit filed in support of the writ petition, the learned counsel appearing on behalf of the petitioner has submitted that it would suffice, if the first respondent is directed to dispose of the representation, dated 11.10.2014, in the light of the observations made by the Division Bench of this Court, in W.P.No.3146 of 2002. It has also been submitted that four out of six appellants in the writ appeal, in W.A.No.3146 of 2002, had already been allotted alternate sites, for putting up the industrial units.

In view of the averments made in the affidavit filed in support of the writ petition and in view of the submissions made by the learned counsel, appearing on behalf of the petitioner, this Court finds it appropriate to direct the first respondent to consider the representation of the petitioner, dated 11.10.2014 and pass appropriate orders, taking into account the observations made by the Division Bench, in paragraph 8 of the order, dated 13.6.2007, in W.A.No.3146 of 2002, within a period of eight weeks from the date of receipt of a copy of this order, after giving an opportunity of hearing to the petitioner. The petitioner shall furnish a copy of the representation, dated 11.10.2014, to the first respondent, along with a copy of this order. However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter. The writ petition is disposed of, with the above directions. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vvk

To 1.Tamilnadu Small Industries Development Corporation Limited, represented by its Managing Director, Electronics Complex, Thiru Vi.Ka. Industrial Estate, Guindy, Chennai-600 032.

2.The Branch Manager, SIDCO Branch Office, Thiru Vi.Ka. Industrial Estate, Guindy, Chennai-600 032.

1 cc to Mr.Abdul Salem, Advocate SR.51370 + 1 cc to MR.Muthumani Doraisami, Advocate SR.51069 (07/10/16) W.P.No.33288 of 2014 PVS(CO) EU 08.09.16