Vela Automobile Private Limited, v. The Estate Officer/Branch Manager,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.08.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.26247 of 2024 Vela Automobile Private Limited, (ATHER Scooter Service Centre), Rep. by its Director Sibi Manivannan, Part of Plot Nos.49 & 51, 2nd Sector Road, Tamil Nadu Small Industries Development Corporation Limited, Thiru Vi Ka Industrial Estate, Guindy, Chennai - 600 032.
... Petitioner Vs.
1. The Estate Officer/Branch Manager, Tamil Nadu Small Industries Development Corporation Limited, Thiru Vi Ka Industrial Estate, Guindy, Chennai - 600 032.
2. A Elumalai ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the first respondent to consider the petitioner's representation dated on 08.08.2024 and on 12.08.2024 to exempt ATHER (Electric) Scooter Service Centre run by the petitioner in the premises situated in the eastern side of the Plot
Nos.49 & 51, Industrial Estate, Guindy, Chennai OR in alternative to grant the petitioner six months' time to vacate and shift the service center to other place.
For Petitioner : Mr.T.V.Balaji For Respondents For R1 : Mr.G.Vasudevan Standing Counsel
ORDER
This writ petition has been filed for direction directing the first respondent to consider the representations submitted by the petitioner dated 08.08.2024 and 12.08.2024, seeking exemption from sealing the premises, in which the petitioner is running scooter service centre, situated at Plot Nos.49 & 51, Industrial Estate, Guindy, Chennai. 2.
The second respondent was originally allotted the premises in Plot Nos.49 & 51, Industrial Estate, Guindy, Chennai. The petitioner is a sub-tenant under the second respondent. While being so, the second respondent requested to issue no objection certificate to run a restaurant in the northern portion of the said plot. It was rejected by the first respondent on the ground that it is a commercial activity and it would damage the industrial homogeneity. Therefore, the first respondent directed the second respondent to stop the running of his restaurant. It
was challenged by the second respondent before this Court and the same was dismissed by an order dated 23.01.2024 in W.P.No.17871 of 2017. The petitioner, being a sub-tenant of the second respondent, is running scooter service center in a portion of the eastern side of the plot Nos.49 &
51. Now the first respondent by an order dated 29.07.2024 ordered to seal the premises of land and building ad measuring 27.2 cents, since it was alloted in favour of the second respondent. The petitioner being a sub-tenant seeks time to vacate the premises and remove the machinery which was put up by the petitioner.
3.
Considering the above facts and circumstances, the petitioner is permitted to remove the machinery and other articles which are kept in the sub-tenancy premises on or before 17.08.2024 and till such time, the first respondent is directed to leave the petitioner's subtenancy from lock and seal of the premises situated in Plot Nos.49 & 51, Industrial Estate, Guindy, Chennai.
4.
With the above directions, the Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. There shall be no orders as to costs.
14.08.2024 Index : Yes/No Speaking/Non Speaking order Note:- Issue order copy today i.e., on 14.08.2024 rts
To
1. The Estate Officer/Branch Manager, Tamil Nadu Small Industries Development Corporation Limited, Thiru Vi Ka Industrial Estate, Guindy, Chennai - 600 032.
G.K.ILANTHIRAIYAN. J, rts and W.M.P.No.26247 of 2024 14.08.2024