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Madras High CourtWP/27796/2004closed

K.P. Rajagopal v. The Managing Director, Tamil N

2015-07-20Honourable Mr Justice T. S. Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.Nos.27796 to 27798 of 2004 & W.P.M.P.Nos.72 and 73 of 2015 W.P.No.27796 of 2014 K.P.Rajagopal (Died) 1.Mrs.Dhanabakkiam 2.Mrs.Uma Devi 3.Mrs.Sasikala ... Petitioners (Petitioners 1 to 3 are impleaded by order this Court dated 20.07.2015) vs.

3. Sri kumaran Rollor Floor Mills Ltd., .. Respondents of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the order of 2nd respondent in TIIC/CBE/RO/2004/05/05 dated 09.09.2004 and published in Daily Thanthi dated 14.09.2004 and quash the same and consequently direct the second respondent to bring the properties of the third respondent for sale.

W.P.No.27797 of 2014 M/s.Sri Rani Lakshmi Traders Rep. By its partner M.Balasundaram 325-B, P.N.Palayam Road Opp. LGB Sivasakthi Colony Ganapathy Coimbatore - 641 006 ... Petitioner Vs.

3. Sri Kumaran Roller Flour Mills Limited'

having its registered office at No.325B P.N.Palayam Road, Sivasakthi Colony Ganapathy, Coimbatore - 641 006 ... Respondents of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the order of 2nd respondent in TIIC/CBE/RO/2004/05/05 dated 09.09.2004 and published in Daily Thanthi dated 14.09.2004 and quash the same and consequently direct the second respondent to bring the properties of the third respondent for sale.

W.P.No.27798 of 2014 Shri Kumaran Roller Flour Mills Limited having its registered office at No.325B P.N.Palayam Road, Sivasakthi Colony Ganapathy, Coimbatore - 641 006 ... Petitioner Vs.

... Respondents of India praying for the issuance of a Writ of Mandamus directing the respondents to place the offer of the petitioner dated 25.08.2004 before the settlement committee and consider the same on merit. For Petitioners :

M/s.S.R.Sundar For Respondents :

Mr.Kalyanaraman for M/s.Aiyar and Dolia COMMON ORDER The petitioners have filed two petitions in W.P.No.27796 of 2004, wherein they sought for withdrawing the writ petition and also for a direction to the Tamil Nadu Industrial Investment Corporation Ltd to release the title deeds of the property, which is the subject matter of mortgage with Tamil Nadu Industrial Investment Corporation Ltd.

2. The learned standing counsel for the Tamil Nadu Industrial Investment Corporation Ltd., submits that the prayer sought for by the petitioner can be granted and appropriate direction may be issued.

3. The learned counsel for the petitioners submitted that the entire loan amount has been settled as on 19.01.2007, which is admitted by the respondent. The said submission is placed on record.

4. In the light of the above, W.P.No.27796 of 2004 is disposed of with a direction to the Tamil Nadu Industrial Investment Corporation Ltd. to return the title deeds of the property, which has been the subject matter of mortgage, to the petitioners. No costs. Consequently, the connected miscellaneous petitions are closed.

In view of the order passed in W.P.No.27796 of 2004, W.P.Nos.27797 of 2004 and 27798 of 2004 are closed. -Sd/- Assistant Registrar //True copy// Sub Assistant Registrar To +1cc to Mr.Aiyar &Dolia, Advocate sr.37199 W.P.Nos.27796 to 27798 of 2004 & W.P.M.P.Nos.72 and 73 of 2015 ca[co] srg 11.08.2015