Shri Vidhya Farm Private Limited v. State Industries Promotion
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.04.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR and W.M.P.Nos.10263 & 10264 of 2024 Shri Vidhya Farm Private Limited C-401/402, Waterford Building CD Burfiwala Road, Juhu Lane Andheri-West, Mumbai - 400 058 Rep by its Authorised Signatory Mr.K.Krishna Mohan .. Petitioner
Versus
1.The State Industries Promotion Corporation of Tamil Nadu Ltd Represented by its Chairman and Managing Director 19-A, Rukmani Lakshmipathy Road Post Box No.7223, Egmore, Chennai - 600 008 2.The Tahsildar Kayalarmedu, Gumidipoondi Taluk Thiruvallur District Tamil Nadu - 601 201 .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned Show Cause Notices dated 24.05.2023 and 05.01.202 issued by the 1st respondent and to quash the same. Consequently, direct the 1st and 2nd respondent to record the change in the name of the petitioner from 'Chartered Estates Private Limited' to the current name i.e. 'Shri Vidhya Farm Private Limited'.
For Petitioner : Mr.C.Ranjith For Respondent : Mr.Abhishek Murthy for R1 Mr.A.Selvendran for R2 Special Government Pleader 1/4
ORDER
This writ petition is filed challenging the show cause notices dated 24.05.2023 and 05.01.202 issued by the 1st respondent, quash the same and direct the respondents 1 and 2 to record the change in the name of the petitioner from 'Chartered Estates Private Limited' to the current name i.e. 'Shri Vidhya Farm Private Limited'.
2. The learned counsel for the petitioner fairly submitted that though show cause notices have been challenged in this writ petition, however, he is not challenging them.
3.The only grievance of the writ petitioner is that after the amalgamation of the company, named has been changed. In this regard, they have given objection to the show cause notices also. The said objections has to be considered and orders be passed on merits.
4. According to the petitioner, the petitioner was originally incorporated in the name of Chartered Estates Private Limited in 20.10.2008. Thereafter, the name was changed to Chartered Distilleries Private Limited on 15.04.2014. Further, the same along with Glugg Distilleries Private Limited and Glugg 2/4
Glass Private Limited merged with Shri Vidhya Farm Private Limited. Therefore, the compensation has to be paid to the petitioner by the first respondent. In this regard, the petitioner has given an objection to the show cause notices and the same has to be considered. Hence, this writ petition.
5. Heard both sides and perused the materials placed on record. Since the objection is already given to the show cause notices, this Court is of the view that let the petitioner appear and produce all the relevant document of name change and merger etc., before the concerned authority. On production of such documents, the first respondent shall enquire into the matter and pass appropriate orders on merits and in accordance with law after giving proper opportunity of hearing to the petitioner and any other interested persons. Such exercise shall be completed within a period of two months from the date of receipt of a copy of this Order.
6. Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 04.04.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No 3/4
N. SATHISH KUMAR , J.
dhk To, 1.The Chairman and Managing Director The State Industries Promotion Corporation of Tamil Nadu Ltd 19-A, Rukmani Lakshmipathy Road Post Box No.7223, Egmore, Chennai - 600 008 2.The Tahsildar Kayalarmedu, Gumidipoondi Taluk Thiruvallur District Tamil Nadu - 601 201 W.P.No.9221 of 2024 04.04.2024 4/4