M/S.Sterling International Finance Limited v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. Nos. 16904 and 16905 of 2021 M/s.Sterling International Finance Limited, B II/23, Mohan Cooperative Industrial Estate, Badarpur, New Delhi - 110044.

... Petitioner -vsThe Managing Director, State Industries Promotion Corporation of Tamil Nadu Limited, 19-A, Rukmani Lakshmipathi Road, Egmore, Chennai - 600008.

... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the notice of the Respondent dated 21.04.2021 in respect of plot Nos. B-58, B-74 & B-76 SIPCOT industrial park Gummidipoondi, Karumbukuppam Village, Thiruvallur District, quash the same and direct the Respondent to extend the time to implement the lease conditions. For Petitioner :

Ms. Dipthi Munoth For Respondent :

Mr. M.P.Rajavelayutham 1/4

O R D E R

Heard Ms. Dipthi Munoth, Learned Counsel for the Petitioner, Mr. M.P.Rajavelayutham, Learned Standing Counsel appearing for the Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

When it is pointed by the Learned Counsel for the Respondent that the Petitioner is not entitled to challenge the Notice dated 21.04.2021 issued by the Respondent calling upon the Petitioner to appear for enquiry on 28.04.2021 in the enquiry in proceedings under Section 5 of the Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act, 1978, for his eviction from the premises in his unauthorized occupation at Plot No. B-58 in SIPCOT Industrial Park, Gummidipoondi, as the cancellation of the allotment of that industrial plot by Proceedings No. PO/SICG/Sterling/2010 dated 03.05.2021 has attained finality, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition reserving the rights of the Petitioner to file a fresh Writ Petition with comprehensive reliefs raising all contentions and he has made an endorsement to that effect in the court record. It is needless to add here that no view has been expressed by this Court on the merits of the controversy 2/4

involved in the matter and all questions are left open to be decided including the validity of the impugned order in this Writ Petition. In the result, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. Consequently, the connected Miscellaneous Petitions are closed. No costs.

30.10.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 28.02.2024.

pal To The Managing Director, State Industries Promotion Corporation of Tamil Nadu Limited, 19-A, Rukmani Lakshmipathi Road, Egmore, Chennai - 600008.

3/4

P.D. AUDIKESAVALU, J.

pal 30.10.2023 4/4