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Madras High CourtWP/15782/2022disposed of

D.Suresh v. The State

2024-09-25Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.15782 of 2022 and WMP.Nos.15053 & 15056 of 2022 D.Suresh ... Petitioner Vs.

1.The State, Represented by its Secretary, Micro Small and Medium Enterprises Department, Secretariat, Government of Tamilnadu, Fort St.George, Chennai 600 009 2.The Director, MSME-D1, Chennai 65/1, Guindy Industrial Estate, Guindy, Chennai 600 032 3.The Commissioner, Department of Industries and Commerce, B-30, Thiru Vi Ka Industrial Estate, Guindy, Chennai 600 032 4.The General Manager, District Industries Centre, Collectorate Complex, Namakkal 637 003 5.The Tamilnadu Industrial Investment Corporation Limited, Rep. By its Branch Manager, Sri Lakshmi Complex (1st Floor) 4/22, Omalur Main Road, Swarnapuri, Salem 636 004 6.The Tamilnadu Industrial Investment Corporation Limited, Rep. By its Branch Manager, 1/6

D.No.20/127A-5B, First Floor, 80 feet Road, Salem Road, Namakkal 637 001 ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records with respect to GO.(Ms.)No.74 dated 24.11.2020 issued by the first respondent, letter of the fifth respondent vide letter No.TIIC/SLM/BO/2021-22 dated 01.10.2021 and 15.11.2021 intimating the ineligibility of the petitioner under the relief package, and TIIC/SLM/Rec/2021-22 dated 15.11.2021 and 09.03.2022 with proposal of One-time Settlement, quash the same and consequently direct the respondents to consider the plight of the petitioner and include him in the relief package extended to the petitioner and include him in the relief package extended to the MSME in light of in WP.No.18473 and 19513 of 2021 dated 25.10.2021 or to take back the machineries and waiver the loan amount in its entirety.

For Petitioner : Mr.R.Srinath For Respondents For R1 to 3,6: Mr.N.Naveen Kumar, Government Advocate For R4 : Mr.C.Meera Arumugam For R5 : Mr.Sulaiman Basha 2/6

ORDER

This writ petition has been filed challenging the Government Order in GO.(Ms.)No.74 Micro, Small and Medium Enterprises (D2) Department dated 24.11.2020 issued by the first respondent. 2.

It is seen that while pending the writ petition, relaxing the conditions imposed in GO.(Ms.)No.74 Micro, Small and Medium Enterprises (D2) Department dated 24.11.2020, another Government Order has been passed in GO.(Ms.)No.17 Micro, Small and Medium Enterprises (D2) Department dated 15.03.2023, as per which, the petitioner is eligible for the benefits concerned. 3.

Since the petitioner is entitled for the benefits under GO.(Ms.)No.17 Micro, Small and Medium Enterprises (D2) Department dated 15.03.2023, respondents 5 & 6 are directed to consider the case of the petitioner and extend the benefits under GO.(Ms.)No.17 Micro, Small and Medium Enterprises (D2) Department dated 15.03.2023 to the petitioner.

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4.

With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

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To 1.Secretary, The State, Micro Small and Medium Enterprises Department, Secretariat, Government of Tamilnadu, Fort St.George, Chennai 600 009 2.The Director, MSME-D1, Chennai 65/1, Guindy Industrial Estate, Guindy, Chennai 600 032 3.The Commissioner, Department of Industries and Commerce, B-30, Thiru Vi Ka Industrial Estate, Guindy, Chennai 600 032 4.The General Manager, District Industries Centre, Collectorate Complex, Namakkal 637 003 5.Branch Manager, The Tamilnadu Industrial Investment Corporation Limited, Sri Lakshmi Complex (1st Floor) 4/22, Omalur Main Road, Swarnapuri, Salem 636 004 6.Branch Manager, The Tamilnadu Industrial Investment Corporation Limited, D.No.20/127A-5B, First Floor, 80 feet Road, Salem Road, Namakkal 637 001 5/6

G.K.ILANTHIRAIYAN, J.

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