M.Kumar v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.08.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI M.Kumar ... Petitioner Vs.

1. The State of Tamil Nadu, Rep.by the General Manager (Marketing), TCMPF, Aavin Illam, 4th and 5th Floor, 3-A, Pasumpon Muthuramalingam Salai, Nandanam, Chennai-600 035.

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

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

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India

praying for issuance of a Writ of Mandamus to direct the second respondent to consider the petitioner's representation dated 04.07.2023 to allot place to have Aavin Parlor at Guindy Thiru.Vi.Ka.Industrial Estate, Alandur Road, Chennai-32.

For Petitioner :

Mr.C.Chokkalingam

O R D E R

This Writ Petition has been filed to direct the second respondent to consider the petitioner's representation dated 04.07.2023 to allot place to have Aavin Parlor at Guindy Thiru.Vi.Ka.Industrial Estate, Alandur Road, Chennai-32.

2. The case of the petitioner is that the petitioner applied for allotment of site in the third respondent's place to have Aavin Parlour before the first respondent and the first respondent has also sent a letter dated 27.08.2022 to the second respondent seeking to allot site in the third respondent's Place to have Parlour shop, but the second respondent has sent

a communication dated 19.04.2023 stating that already three Aavin Bunks have been alloted in the above place and it is not feasible to allot another one, therefore, the request for allotment of site for Aavin bunk cannot be considered. Thereafter, the first respondent sent another communication dated 30.06.2023 to the second respondent seeking to allot the place to have Aavin Parlour, however, the second respondent, vide reply dated 14.08.2023, rejected the request. The petitioner approached the respondents several times in person as well as by way of a representation dated 04.07.2023 to get place to have Aavin Parlour at the third respondent's place, but the respondents are not considering the request of the petitioner. Hence, the present writ petition has been filed.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the second respondent is directed to dispose of the representation of the petitioner, dated 04.07.2023, on merits and in accordance with law, within a specified period.

4. Indeed, the petitioner has approached the first respondent seeking to allot site in the third respondent's place (i.e.,) Guindy Industrial Estate and the first respondent has communicated the request of the petitioner vide letters dated 27.08.2022 and 30.06.2023 to the second respondent to allot the site to the petitioner to have Aavin Parlour. The requests of the petitioner were rejected by the second respondent vide letters dated 19.04.2023 and 14.08.

2023 on the ground that there were huge dues in the name of Aavin Company and in the event the dues have been paid, as per the SIDCO Rules, evaluating the possibility to have Aavin Parlour shop in the suitable place, the allotment of place can be considered and moreover, already three Aavin Bunks have been allotted in Guindy Industrial Estate and therefore, it is not feasible to allot another one and therefore, the request of the petitioner for allotment of site for Aavin Parlour was not considered. When the requests of the petitioner were rejected vide letters dated 19.04.2023 and 14.08.

04.07.2023, which cannot be entertained by this Court. However, liberty is granted to the petitioner to work out his remedy in the manner known to law.

5. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

20.08.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb To

1. The State of Tamil Nadu, Rep.by the General Manager (Marketing), TCMPF, Aavin Illam, 4th and 5th Floor, 3-A, Pasumpon Muthuramalingam Salai, Nandanam, Chennai-600 035.

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

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

M.DHANDAPANI, J.

ssb 20.08.2024