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Madras High CourtCRP/274/2013disposed of

M/S Empee Paints And Chemicals v. The Tamil Nadu Small

2018-02-21Honourable Ms.Justice V.M.Velumani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2018

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P.(NPD)No.274 of 2013 M/S.Empee Paints and Chemicals Represented by its Proprietor M.Mahaveer, F-20 Ambattur Industrial Estate Ambattur, Chennai-600 058.

.. Petitioner Vs.

1. The Tamil Nadu Small Industries Development Corporation Ltd., Represented by its Managing Director Paul Wels road, Kathipara Junction Chennai-600 016.

2. The Estate Officer cum Branch Manager Tamil Nadu Small Industries Development Corporation Ltd., (Ambattur Branch) Industrial Estate, Ambattur Chennai-600 058.

.. Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, against the judgment and decree dated

17.02.2011 made in P.P.C.M.A.No.12 of 2007 on the file of the Principal District Court, Thiruvallur.

For Petitioner : Mr.G.Rajagopalan Senior Counsel for M/S.Surana and Surana For R1 : Mr.V.P.Sengottuvel For R2 : No appearance

ORDER

The petitioner has filed P.P.C.M.A.No.12 of 2007 against the order of eviction dated 30.12.2005 made in the proceedings in Na.Ka.No.4429/A8/91-1. The learned Appellate Authority dismissed the appeal.

2. Against the said judgment and decree dated 17.02.2011 made in P.P.C.M.A.No.12 of 2007, the present Civil Revision Petition is filed by the petitioner.

3. When the Civil Revision Petition is taken up for hearing, both the learned Senior Counsel for the petitioner and learned counsel for the first respondent have argued the matter on merits.

4. On going through the order of the learned Appellate Authority, it is seen that the learned Appellate Authority has not given any reason for dismissing the appeal. In view of the same, without deciding the issue on merits, the judgment and decree dated 17.02.2011 made in P.P.C.M.A.No.12 of 2007 is hereby set aside and remitted back to the Principal District Court, Thiruvallur. The learned Appellate Authority is directed to decide the appeal on merits and in accordance with law, after giving opportunity to both the petitioner as well as respondents and dispose of the same within a period of three months from the date of receipt of a copy of this order.

5. With the above direction, the Civil Revision Petition is disposed of. No costs.

21.02.2018 kj To The Principal District Judge Thiruvallur.

V.M.VELUMANI,J.

Kj C.R.P.(NPD)No.274 of 2013 21.02.2018