N. Valli v. The Chairman And Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 28805 of 2021 N.Valli ... Petitioner -vs1. The Chairman and Managing Director, M/s. Tamil Nadu Small Industries Development Corporation Ltd., Thiru-Vi-Ka Industrial Estate, Near SIDCO Electronics Complex, Guindy, Chennai - 600 032.

2. The Branch Manager, SIDCO - Trichy, Industrial Estate, Ariyamangalam, Trichy - 620 010.

3. The Estate Officer, SIDCO, Elambalur Estate (Division), Ariyamangalam, Trichy - 620 010.

...

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the communication by the Second and Third Respondent's authorities to the Petitioner dated 26.11.2021 bearing Proc. No. 516/C/07 and quash the same holding it unreasonable and arbitrary and consequent direction to the 1/6

Respondents to settle the issue and execute the sale deed. For Petitioner :

Mr. P.T.Perumal For Respondents :

Mr. A.Nagarajan

O R D E R

Heard Mr. P.T.Perumal, Learned Counsel for the Petitioner and Mr. A.Nagarajan, Learned Counsel for the Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Writ Petition has been filed challenging the Proceedings No. 516/ C/07 dated 26.11.2021 issued by the Third Respondent informing the Petitioner that in furtherance to the cancellation of the allotment of Plot No. 94, Industrial Estate, Elambalur made in her favour, it is decided to evict her from the premises, and to consequently direct the Respondents to settle the issue and execute the sale deed.

3.

When it was pointed out that the Petitioner has got an effective alternative remedy to challenge the Proceedings No. 516/C/07 dated 26.11.2021passed by the Third Respondent, which is impugned in this Writ Petition, by filing appeal under Section 9 of the Tamil Nadu Public Premises (Eviction of Unauthorized 2/6

Occupants) Act, 1975, before the jurisdictional District Court, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition with liberty to resort to that procedure, and he has made an endorsement to that effect in the court record.

In view of the same, the Writ Petition is dismissed as withdrawn granting such liberty. It is made clear that for the purpose of reckoning limitation for availing the aforesaid remedy, the period from the date of filing of the Writ Petition, viz., 16.12.2021, till the date on which the certified copy of this order is made ready by the Registry, shall be excluded. Consequently, the connected Miscellaneous Petition is closed. No costs.

07.11.2023 Index: Yes/No NCC: Yes/No Note: (i) Issue order copy on 18.04.2024.

(ii) Registry is directed to return the impugned order under written acknowledgment after retaining a copy of the same for record.

vjt To

1. The Chairman and Managing Director, M/s. Tamil Nadu Small Industries Development Corporation Ltd., Thiru-Vi-Ka Industrial Estate, 3/6

Near SIDCO Electronics Complex, Guindy, Chennai - 600 032.

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2. The Branch Manager, SIDCO - Trichy, Industrial Estate, Ariyamangalam, Trichy - 620 010.

3. The Estate Officer, SIDCO, Elambalur Estate (Division), Ariyamangalam, Trichy - 620 010.

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P.D. AUDIKESAVALU, J.

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