M/S.Janani Property And Estate Pvt. Ltd., v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 20220 of 2021 M/s. Janani Property and Estate Pvt. Ltd., Represented by its Authorized Signatory, Mr. R.Ramesh, No. 4 (Old No. 37) Kavari Street, Vadapalani, Chennai - 600 026.

... Petitioner -vs1. The Managing Director, Tamil Nadu Small Industries Development Corporation Ltd. (SIDCO), 2665+2WP, Thiru Vi Ka Industrial Estate, SIDCO Industrial Estate, Guindy, Chennai - 600 032.

2. The General Manager - SIDCO, 2665+2WP, Thiru Vi Ka Industrial Estate, SIDCO Industrial Estate, Guindy, Chennai - 600 032.

3. The Branch Manager - SIDCO, 2665+2WP, Thiru Vi Ka Industrial Estate, SIDCO Industrial Estate, Guindy, Chennai - 600 032.

... Respondents 1/4

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First to Third Respondents to retain the 20' Road in its length and breadth to access Plot No. M7 at Thiru Vika Industrial Estate, Guindy, Chennai - 600 032 comprised in Survey No. 83 (Part), 84 (Part), 86 (Part) and 29 (Part) in Block No. VI Alandur Corporation, Guindy Taluk, Chennai District within any reduction in its breadth.

For Petitioner :

Mr. B.Dinesh Kumar For Respondents :

Ms. Sithara Sarangan (for R1) Mr. S.P.Prabaharan (for R2 & R2)

O R D E R

When it was pointed out that the matter falls under the realm of disputed question of facts, which has to be decided after recording evidence of the parties on their rival contentions and could not be effectually redressed by invoking the public law remedy following summary procedure under Article 226 of the Constitution, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner to work out his remedies before the Civil Court and he has made an endorsement to that effect, which is recorded.

2/4

2.

In view of the same, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. Consequently, the connected Miscellaneous Petition is closed. No costs.

03.01.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 11.03.2024.

vjt To

1. The Managing Director, Tamil Nadu Small Industries Development Corporation Ltd. (SIDCO), 2665+2WP, Thiru Vi Ka Industrial Estate, SIDCO Industrial Estate, Guindy, Chennai - 600 032.

2. The General Manager - SIDCO, 2665+2WP, Thiru Vi Ka Industrial Estate, SIDCO Industrial Estate, Guindy, Chennai - 600 032.

3. The Branch Manager - SIDCO, 2665+2WP, Thiru Vi Ka Industrial Estate, SIDCO Industrial Estate, Guindy, Chennai - 600 032.

3/4

P.D. AUDIKESAVALU, J.

vjt 03.01.2024 4/4