V.Maheshwari v. Tamil Nadu Small Industries Development Corporation Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.12.2023
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 35303 of 2023 V.Maheswari ... Petitioner -vs1. Tamil Nadu Small Industries Development Corporation Ltd. Rep. by its Managing Director Thiru.Vi.Ka. Industrial Estate Guindy, Chennai - 600 032.
2. The General Manager Tamil Nadu Small Industries Development Corporation Ltd. (TANSIDCO) Thiru.Vi.Ka. Industrial Estate Guindy, Chennai - 600 032.
3. The Branch Manager Tamil Nadu Small Industries Development Corporation Ltd. (TANSIDCO) Industrial Estate, Five Road Salem - 636 004.
4. The District Collector Salem District, Salem.
5. S.Ponrowthri ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, forbearing the Third to Fifth 1/5
Respondents from disturbing possession and industrial business of the Petitioner in the industrial Plot No.74, Women Industrial Park, SIDCO Industrial Estate, Karuppur, Salem - 636 011, Salem District, and consequently direct the First to Third Respondents to transfer Industrial Unit Plot No.74, Women Industrial Estate, Karuppur, Salem - 636 011, Salem District in the name of Petitioner.
For Petitioner : Mr. M.R.Jothimanian For Respondents : Ms. Sithara Sarangan (for R1 to R3) Mr. S.J.Mohamed Sathik, Government Advocate (for R4)
O R D E R
Heard Mr. M.R.Jothimanian, Learned Counsel for the Petitioner, Ms. Sithara Sarangan, Learned Counsel, who takes notice for the First to Third Respondents, and Mr. S.J.Mohamed Sathik, Learned Government Advocate, who takes notice for the Fourth Respondent, and perused the materials placed on record, apart from the pleadings of the parties. 2.
The Petitioner has filed this Writ Petition seeking a direction to the Third to Fifth Respondents from disturbing her possession and industrial business at 2/5
industrial Plot No.74, Women Industrial Estate, Karuppur, Salem. 3.
In response, the Fourth Respondent has filed a memo dated 19.12.2023 stating as follows:- "2.
It is submitted that the Fourth Respondent has not interfered in the above issue. It is stated that the Revenue Department has not initiated any eviction process or subsequent procedures against the Petitioner. It is submitted that the Petitioner is making false allegations against the Fourth Respondent."
4.
It has also been brought to notice that the Petitioner has already filed a civil suit in O.S. No. 31 of 2021 before the II Additional District Court, Salem in respect of the same dispute. When it is pointed out that the Petitioner could seek the relief claimed in this Writ Petition in the said suit, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner to raise all her contentions in O.S. No. 31 of 2021 pending before the II Additional District Court, Salem, and he has made an endorsement to that effect in the court record. 3/5
In view of the same, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. Consequently, the connected Miscellaneous Petition is closed. No costs.
19.12.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 18.04.2024.
Maya To
1. Tamil Nadu Small Industries Development Corporation Ltd. Rep. by its Managing Director Thiru.Vi.Ka. Industrial Estate Guindy, Chennai - 600 032.
2. The General Manager Tamil Nadu Small Industries Development Corporation Ltd. (TANSIDCO) Thiru.Vi.Ka. Industrial Estate Guindy, Chennai - 600 032.
3. The Branch Manager Tamil Nadu Small Industries Development Corporation Ltd. (TANSIDCO) Industrial Estate, Five Road Salem - 636 004.
4. The District Collector Salem District, Salem.
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P.D. AUDIKESAVALU, J.
Maya 19.12.2023 5/5