N.Ravintran v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.05.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.NO.11059 OF 2022 AND W.M.P.NO.10650 OF 2022 N. Ravindran .. Petitioner

Versus

1.

The Managing Director 2.

The General Manager The Branch Manager Guindy, Chennai - 600 032.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the representation dated 04.04.2022 made by the petitioner to the respondents and allot the Plot Nos.32 to 41, Electrical and Electronics Industrial Estate, Industrial Estate, Sooramangalam, Salem - 636 005 in favour of the petitioner upon receipt of reasonable consideration as may be determined by the respondents.

For Petitioner :

Mr.Naveen Kumar Murthy for Mr.V.P.K.Gowtham For Respondents :

Mr.Jaseem Mohamed

O R D E R

The present writ petition has been filed praying for issuance of a Writ of Mandamus directing the respondents to consider the representation dated 04.04.2022 made by the petitioner, for allotment of Plot Nos.32 to 41, Electrical and Electronics Industrial Estate, Industrial Estate, Sooramangalam, Salem - 636 005 in his favour upon receipt of reasonable consideration as may be determined by the respondents.

2. According to the petitioner, he is the proprietor of Vajjaravel Enterprises and engaged in the manufacturing of coir, brick-wood and bio-fuel products. It is stated that the Government had established SIDCO Industrial Estate in the year 1984 at Fairlands, Salem to promote establishment of industries. For the purpose of promotion of business establishments, several plots were allotted in the name of individuals and Plot Nos. 32 to 41 were allotted to an individual who had run the company named M/s. Elcot Power Control Limited. Subsequently, owing to inability to carry on business, the said company was liquidated and the said plots were kept unused. The petitioner also came to know that on the ground of non-payment of 50% of initial land cost of Rs.1,71,944/- payable by the said allottee along with interest, the allotment made in the name of M/s.Elcot Power Control Limited was cancelled on 28.01.2022 by forfeiting the initial land cost of 50% paid by them.

The petitioner further stated that the plot Nos. 32 to 41, allotted in favour of M/s. Elcot Power Control Limited were vacant. Since the petitioner was residing near the said plots, he had supervised the said plots with the consent of the allottee, so that the same are not encroached. Subsequently, he approached the respondents to allot the said plots in his favour by submitting a representation to the respondent - corporation on 04.04.2022. In the said representation dated 04.04.2022, the petitioner also expressed his willingness to comply with all the conditions including initial deposit amount. While so, the third respondent sent a communication in Proc.No.225/D/2021 dated 19.04.2022 to the original allottee viz., M/s. Elcot Power Control Limited informing that possession of the plots would be taken on 05.05.2022. Aggrieved by such action, the petitioner has come up with this writ petition for the aforesaid relief. 4.

Heard the learned counsel for the petitioner, who has reiterated the above facts and prayed for issuing appropriate direction to the respondents to consider the representation dated 04.04.2022 submitted by the petitioner on merits.

5.

The learned counsel for the respondents, on the other hand, submitted that there is no legal claim whatsoever made by the petitioner before this Court. However, he would submit that the representation submitted by the petitioner will be considered by the respondents, if he suits the requirements.

6. Heard the learned counsel for the petitioner and the learned counsel for the respondents and also perused the materials placed on record.

7. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court, without going into the merits of the claim made by the petitioner, directs the respondents to consider the representation dated 04.04.2022 submitted by the petitioner after providing an opportunity of hearing to him as well as any other interested parties and thereafter pass an order, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Till such time, the respondents shall maintain status quo as on date.

8. Accordingly, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dhk/rsh To 1.

The Managing Director 2.

The General Manager Guindy, Chennai - 600 032.

The Branch Manager +2ccs to M/s.V.P.K.Gowtham, Advocate, S.R.No.31219 W.P.No.11059 of 2022 VG-II(CO) RLP(19/05/2022)