Jeevan Diesel Electrical Ltd v. The State Industrial Promotion Corporation Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR and CMP.No.8797 of 2025 M/s.Jeevan Diesel Electrical Ltd., Represented by its Managing Director, Mr.K.S.Jain, No.3C, Riaz Gardern, 3rd floor, 29, Kodambakkam High Road, Chennai - 600 034.
... Appellant Vs.
1.
The State Industrial Promotion Corporation of Tamil Nadu Ltd., (SIPCOT), Represented by its Chairman and Managing Director, 19A, Rukmani Lakshmipathi Road, P.No.7223, Egmore, Chennai - 600 008.
The Estate Officer, SIPCOT Industrial Park, Sriperumbudur Project Office, No.27/15, Tambaram Road, Pattunool Chathiram (Opp to BDO Office), Sriperumbudur - 602 105.
... Respondents Prayer: Writ appeal filed under Clause 15 of the Letters Patent, to set aside the order dated 13.08.2024 passed in W.P.No.17551 of 2013.
For Appellant : Mr.K.Balaji For Respondents : Mr.K.Palaniappan Standing Counsel for SIPCOT [for R1 & R2]
JUDGMENT
(Judgment of the Court was made by S.M.SUBRAMANIAM, J.) The writ order dated 13.08.2024 passed in W.P.No.17551 of 2013 is under challenge in the present writ appeal.
The writ petitioner is the appellant before this Court. 3.
Admittedly, an industrial plot has been allotted to the appellant in the year 2007 by the State Industrial Promotional Corporation of Tamil Nadu Ltd. Pursuant to the allotment, an agreement was entered into between the appellant and the first respondent. As per Clause No.6 of Allotment Order and Clause No.14 (i) of Lease Deed "if in the opinion of SIPCOT, it is found that the land allotted to appellant is not put to use for the purpose for which it was allotted or is in excess of the allottees actual requirements, SIPCOT shall, at any time, have the right to cancel the allotment in respect of such land or excess land, as the case may be, and resume the same under TNPPE Act."
4.
In the present case, the respondents found that the appellant has not constructed any industrial building nor established any industry. The plot remained vacant for about five years and thus the order of cancellation was issued in proceedings dated 03.01.2013. Since the appellant failed to utilise the land for the purpose for which it was allotted, this Court do not find any infirmity in respect of the cancellation order passed by the respondents. The writ Court rightly rejected the writ petition and this Court do not find any acceptable reason for interfering with the writ order impugned and consequently, the Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
[S.M.S,J.] [K.R.S,J.] 15.04.2025 veda Index:Yes/No Speaking order/Non-speaking order S.M.SUBRAMANIAM,J.
AND K.RAJASEKAR,J.
veda
To 1.
The State Industrial Promotion Corporation of Tamil Nadu Ltd., (SIPCOT), Represented by its Chairman and Managing Director, 19A, Rukmani Lakshmipathi Road, P.No.7223, Egmore, Chennai - 600 008.
The Estate Officer, SIPCOT Industrial Park, Sriperumbudur Project Office, No.27/15, Tambaram Road, Pattunool Chathiram (Opp to BDO Office), Sriperumbudur - 602 105.
15.04.2025