M/S.Thar Technologies Private Ltd v. State Industries Promotion

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 27889 of 2022 M/s. Thar Technologies Private Limited, Rep. by its Director, Mr. Ashok.M, S/o. Late Mr. S.Moolchand, Old No. 13& 14, New No. 25, K.B.Dashan Road, Teynampet, Chennai - 18.

... Petitioner -vs1. State Industries Promotion, Corporation of Tamil Nadu Ltd. (SIPCOT), Rep. by its Chairman cum Managing Director, No. 19-A, Rukmani Lakshmipathy Road, Egmore, Chennai - 8.

2. The Estate Officer, SIPCOT Information Technology Park, Sirucheri - 603 103.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, call for the records in No. PO/STTP/Siruseri/Thar Technologies/2022 dated 17.09.2022 passed by the Second Respondent and direct the Respondents to remove the seal put up in Plot No. D-16/Old No. A-43, A-44, A-53 and A-54, SIPCOT, Siruseri Village measuring an extent of 3.96 acres.

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For Petitioner :

Ms. R.T.Shyamala For Respondents :

Mr. S.Girish

O R D E R

Heard Ms. R.T.Shyamala, Learned Counsel for the Petitioner and Mr. S.Girish, Learned Counsel for the Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

When it was pointed out that the Petitioner has got an effective alternative remedy to challenge the order dated 17.09.2022 in No. PO/STTP/Siruseri/Thar Technologies/2022 passed by the First Respondent, which is impugned in this Writ Petition, by filing an appeal under Section 9 of the Tamil Nadu Public Premises (Eviction of Unauthorised 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 the aforesaid procedure and she has made an endorsement to that effect in the court record.

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In view of the same, the Writ Petition is dismissed as withdrawn, granting such liberty.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., 20.10.2022, 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.

07.11.2022 skr Index: Yes/No Note: (i) Issue order copy by 21.11.2022 (ii) Registry is directed to return the original copy of the impugned order under written acknowledgment after retaining a copy of the same for record.

To

1. State Industries Promotion, Corporation of Tamil Nadu Ltd. (SIPCOT), Rep. by its Chairman cum Managing Director, No. 19-A, Rukmani Lakshmipathy Road, Egmore, Chennai - 8.

2. The Estate Officer, SIPCOT Information Technology Park, Sirucheri - 603 103.

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P.D. AUDIKESAVALU, J.

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