Mrs.K.Sumathi v. The Directorate Of Industries

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.01.2016

CORAM

THE HON'BLE Mr. JUSTICE R.MAHADEVAN W.P.No.2103 of 2016 Mrs.K.Sumathi [ Petitioner ] Vs

1. The Directorate of Industries and Commerce, Chepauk, Chennai 600 005.

2. The Joint Director Chemicals, Under the Department of Industries and Commerce, Chemical Testing and Analytical Laboratory, Guindy, Chennai 600 032.

3. The Administrative Officer, Industrial Estate for Ceramic, Vridhachalam, Cuddalore District 606 001.

[Respondents] Petition filed under Article 226 of The Constitution of India praying for issuance of Writ of Mandamus to direct the 1st respondent to allot available vacant C2 shed in the Industrial Estate at Vriddhachalam, Cuddalore District to the petitioner vide petitioner's application dated 31.1.2001 for manufacturing Ceramic Toys and Porcelain wares on rental basis as per the directions issued by the Government of Tamilnadu, Tiny, Small and Medium Industries (E) Department issued a G.O. (Ms) No.18 dated 19.3.2010.

For Petitioner ..

Mr. N.S. Sivakumar For Respondents ..

Mr.A. Rajaperumal Government Advocate

ORDER

The petitioner has filed the present Writ Petition for a direction directing the the 1st respondent to allot available vacant C2 shed in the Industrial Estate at Vriddhachalam, Cuddalore District to the petitioner on the basis of petitioner's application dated 31.1.2001 for manufacturing

Ceramic Toys and Porcelain wares on rental basis as per the directions issued in G.O.(Ms) No.18 dated 19.3.2010 by the Government of Tamilnadu, Tiny, Small and Medium Industries (E) Department.

2. Heard Mr.N.S. Sivakumar, learned counsel appearing for the petitioner and Mr. A. Rajaperumal, learned Government Advocate appearing for the respondents.

3. According to the petitioner, the petitioner is an unemployed woman studied upto SSLC and she had also underwent Prime Minister's Rozgar Yojana Training Programme held between 15.12.2004 to 3.1.2005. Therefore, she is eligible for running a small scale industry in manufacturing of ceramic wares. While so, The 3rd respondent invited applications from the intending entrepreneurs for allotment of sheds in ceramic industrial estate at Viruchachalam, Cuddalore District assigned for ceramic manufacturing units. Accordingly, the petitioner made an application on 31.1.2001 requesting for allotment of C2 shed to do the business on and also paid the refundable Earnest Money Deposit of Rs.1000/- on the same day . Thereafter, the 2nd respondent called the petitioner for interview vide its letter dated 7.3.

2001 and in pursuance of which, the petitioner attended the interview on 14.3.2001, during the course of which, she produced all her credentials before the 2nd respondent. Since there is no response from either of the respondents, petitioner approached the Vriddhachalam Ceramic Manufacturers Services Industrial Co-operative Society Limited and they, in turn, sent a letter dated 22.11.2006 to the 1st respondent requesting to consider the applications of the small entrepreneurs for allotment of shed. The petitioner has also sent her representation on 25.11.2015 through RPAD requesting to consider her application. But till date, there is no response form the 1st respondent and her application has been kept pending without passing any orders and without refunding her Earnest Money Deposit. Therefore the petitioner is before this court.

4. Learned counsel for the petitioner submitted that even today, the industrial shed is very much available for allotment.

5. On the other hand, the learned Additional Government Pleader submitted that there is no such vacant sheds are available for allotment.

6. In order to give quietus to this issue, the respondents are directed to pass appropriate orders on the representation/application of the petitioner dated 25.11.2015, submitted by the petitioner and pass appropriate orders on

merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

7. The Writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar msr To

1. The Directorate of Industries and Commerce, Chepauk, Chennai 600 005.

2. The Joint Director Chemicals, Under the Department of Industries and Commerce, Chemical Testing and Analytical Laboratory, Guindy, Chennai 600 032.

3. The Administrative Officer, Industrial Estate for Ceramic, Vridhachalam, Cuddalore District 606 001.

+1cc to Mr.N.S. Sivakumar, Advocate, S.R.No.5262 +1cc to the Government Pleader, S.R.No.5010 SK(CO) EU(10/02/2016) W.P.No.2103 of 2016