M/S.Mohan Breweries And Distilleries Limited v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.No.24454 of 2025 M/s.Mohan Breweries and Distilleries Limited, Represented by its Managing Director, Kamalam Villa, Old No.4, New No.7, Chandrabagh Avenue 1st Street, Mylapore, Chennai - 600 004.
... Petitioner Vs.
1.The Government of Tamil Nadu, Represented by the Secretary to Government Housing Department, Fort St. George, Chennai - 600 009.
2.The Commissioner of Land Administration, Land Administration Department, 2nd Floor, Ezhilagam, Chepauk, Chennai - 600 005.
3.Tamilnadu Housing Board, Represented by its Chairman, No.493, Anna Salai, Nandanam, Chennai - 35.
4.M/s.Sudarshan Trading Company Limited Represented by Having Office at Sudarshan Building, 1/7
14, Whites Rd, Express Estate, Royapettah, Chennai, Tamil Nadu - 600 014.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing Respondents 1-3 herein, to consider the representation of the Petitioner dated 10.04.2025 and 12.06.2025 made to the 1st respondent - 3rd respondent pursuant to G.O. 136 of 2025 within a period of 2 weeks and consequently reconvey the Subject Lands to the petitioner.
For Petitioner(s) : Mr.P.H.Arvind Pandian Senior Advocate for Ms.Ramya Subramaniam For Respondent(s) : Mr.R.Ramanlaal, Additional Advocate General Asst. by Mr.A.Selvendran for R1 & R2 Special Government Pleader Mr.P.Kumaresan for R3 Additional Advocate General Asst. by Mr.A.M.Ravindranath Jeyapal Standing Counsel
ORDER
In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to 4th respondent is dispensed with.
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2.The present writ petition is filed praying for a writ of mandamus to direct the respondents 1 to 3 to consider the petitioner's representations dated 10.04.2025 and 12.06.2025 made to the respondents 1 to 3 pursuant to G.O.(Ms)No.136 of 2025. Further, petitioner sought for reconveyance of the properties comprised in S.No.33, measuring an extent of 0.66 acres, S.No.34, measuring an extent of 1.62 acres, S.No.44/1 (S.No.44/1A), measuring an extent of 3.77 acres, S.No.45/3 (S.No.45/3C1), measuring an extent of 1.15 acres, S.No.31, measuring an extent of 0.30 acres, S.No.94/1A, measuring an extent of 0.70 acres, S.No.94/2A, measuring an extent of 0.44 acares, S.No.99/3, measuring an extent of 0.85 acres, S.No.104, measuring an extent of 4.24 acres, S.No.213/1, measuring an extent of 0.75 acres, S.No.213/2, measuring an extent of 2.10 acres and S.No.217/2, measuring an extent of 0.28 acres.
3.Learned Senior Advocate appearing on behalf of petitioner would submit that properties have not been used by the authority for the purpose for which it was acquired. Learned Senior Advocate would submit that while writ petitions are pending, the 3rd respondent has considered the representation passed an order dated 20.06.2025. It is 3/7
submitted by the learned Senior Advocate that appropriate authority to consider the representation is the 1st respondent. It is further submitted that 1st respondent may consider the representation keeping in view G.O.(Ms).No.10, Housing & Urban Development [LA-2(2) Department, dated 23.01.2025 and G.O.(Ms).No.76, Housing & Urban Development [LA-2(2) Department, dated 22.05.2025.
4.Learned Senior Advocate would submit that review petition has been filed pursuant to the orders of the Hon'ble Supreme Court and the same is not yet numbered. It is submitted that the representation is independent of the review petition that has been filed and may have to be considered in the light of above G.Os.
5.At this juncture, learned Senior Advocate would submit that they may be granted an opportunity to furnish additional/further documents before the authority, which was agreed to by the learned Additional Advocate General.
6.Learned Additional Advocate General would submit that on receipt of such representation, the same would be considered and 4/7
appropriate orders would be passed within one week from the date of such representation.
7.Recording the same, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 8.It is made clear that all rights and contentions in the proceedings are left open.
07.07.2025 Index : Yes/ No Speaking (or) Non Speaking Order pam 5/7
To 1.Secretary to Government, Government of Tamil Nadu, Housing Department, Fort St. George, Chennai - 600 009.
2.The Commissioner of Land Administration, Land Administration Department, 2nd Floor, Ezhilagam, Chepauk, Chennai - 600 005.
3.The Chairman, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai - 35.
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MOHAMMED SHAFFIQ, J.
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