M/S.Cec Automation v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS0

DATED: 20.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR M/s. CEC Automation (India) Pvt Ltd T.S.No.61A& 62A (SIDCO) Thiru Vi.Ka Industrial Estate Guindy, Chennai-600 032 rep by its Director R.Kannan

...Petitioner

Vs.

1.The Government of Tamilnadu rep by its Secretary Department of Micro, Small and Medium Enterprises Secretariat, Chennai-600 009 2.Tamil Nadu Small Industries Development Corporation Ltd rep by its Managing Director SIDCO Thiru Vi KA Industrial Estate Guindy, Chennai-600 032 ... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus directing the 1st respondent to issue the necessary orders or G.O to the 2nd respondent to execute and register a

sale deed in favour of the petitioner in respect of the property bearing Plot No.61A and 62A (SIDCO) Thiru Vi.Ka Industrial Estate, Guindy, Chennai600 032 For Petitioner : Mr.A.R.Karunakaran For Respondents : Mr.N.Naveen Kumar, G.A for R1

O R D E R

The petitioner, who is an allottee of Plot No.61A and 62A (SIDCO) Thiru Vi.Ka Industrial Estate, Guindy, Chennai-600 032, has come forward to file this writ petition seeking a direction to the 1st respondent to issue the necessary orders or G.O to the 2nd respondent to execute and register a sale deed in favour of the petitioner in respect of the property bearing Plot No.61A and 62A (SIDCO) Thiru Vi.Ka Industrial Estate, Guindy, Chennai600 032 2.

When the matter is taken up for hearing, learned Government Advocate appearing for the 1st respondent submitted that the issue of ratification is pending consideration before the Government and once the regularization of the allotment of more than 5000 sq.ft is ordered,

the SIDCO will immediately take action to execute the sale deed in favour of the petitioner.

3. Learned counsel for the petitioner relied on the judgment of this Court in W.P.No.26556 of 2015 dated 04.01.2016, wherein it has been held as follows:

" The petitioner, who is an allottee of Plot No. 2G "NP" in S.No. 144 part of Ambattur, S.No. 76 and 77, part of Pattaravakkam Village in the limits of Ambattur Township in the Taluk of Saidapet, measuring 0.612 acres, has come forward to file this writ petition seeking a direction to the 1st respondent to execute the sale deed pursuant to the letter Ref.No. 434/A7/1 dated 07.11.2001 from the 2nd respondent granting permission to execute the sale deed in favour of the petitioner.

2.

When the matter is taken up for hearing, learned counsel appearing for respondents 1 and 2 submitted that the issue of ratification is pending consideration with the 3rd respondent as seen from the Letter in Rc.No. 4385/IE5/2010 dated 28.01.2015 and both the counsel produced a copy of the order passed by this Court dated 08.12.2015 in W.P. No. 27946 of 2015 (Reji Varghese V. Tamil Nadu Small Industries Development Corporation Limited

and another) wherein it has been held as follows: "3.

It can be easily visualised that some of the allottees had already got their plot registered by the authorities and necessary sale deeds had also been released. With regard to 470 allottees, now awaiting for the ratification to be done by the second respondent. There is no valid as well as legally sustainable reason for not granting the ratification as on date. There is also no impediment for the second respondent for ratifying the same, since the petitioner as well as the other allottees had already paid the enhanced plot value. For all these reasons, the second respondent is directed to pass necessary orders of ratification so as to register the sale deed as far as the petitioner is concerned within a period of four weeks from the date of receipt of a copy of this order. On such ratification, the first respondent is directed to register the sale deed and release the document if the petitioner complies other legal requirements towards registration of the sale deed.

This writ petition is disposed of. No costs." 3.

In such view of the matter, the writ petition is disposed of directing the 3rd respondent to pass appropriate orders with regard to ratification of allotments, as requested by the 1st respondent vide letter No.Rc.no. 4385/IE5/2010 dated 28.01.2015 within a period of eight weeks

from the date of receipt of a copy of this order. Based on the decision to be taken by the 3rd respondent, respondents 1 and 2 will have to take action accordingly. No costs."

4. In such view of the matter, the writ petition is disposed of with a direction to the 1st respondent to issue appropriate order to the 2nd respondent to execute and register a sale deed in favour of the petitioner in respect of the property bearing Plot No.61A and 62A (SIDCO) Thiru Vi.Ka Industrial Estate, Guindy, Chennai-600 032 within a period of two months from the date of receipt of a copy of this order. With the above direction the Writ Petition is disposed of. There shall be no order as to costs.

20.12.2022 kpr Internet:Yes Speaking/non-speaking order

N. SATHISH KUMAR, J.

kpr To 1.The Secretary Government of Tamilnadu Department of Micro, Small and Medium Enterprises Secretariat, Chennai-600 009 2.The Managing Director Tamil Nadu Small Industries Development Corporation Ltd SIDCO Thiru Vi KA Industrial Estate Guindy, Chennai-600 032 20.12.2022