Shri Sai Autoparts v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2024
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.39107 of 2024 and W.M.P.Nos.42350 & 42352 of 2024 M/s.Shri Sai Autoparts Rep. by its Managing Director, SF No.250/5A, Kaivaliyam Nagar, Vadakal Village, Sriperumbudur Taluk, Kanchipuram District - 602 105.
.. Petitioner Vs.
1.The Government of Tamil Nadu Rep. by its District Collector, First Floor, Collectorate, Tahiyar Kullam, Kancheepuram - 631 501.
2.The Block Development Officer, Block Development Office, Sarala Nagar, Sriperumbudur, Kanchipuram - 602 105.
3.Valam Gram Panchayat, Rep. by its President, Vallam, Automotice Corridor, 4.The Superintendent Engineer, TNEB Office, Thandalam,
Sriperumbudur, .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records to relating to the notice bearing No.NIL/2024 dated 23.11.2024 issued by the 3rd Respondent Panchayat and to quash the same as illegal, arbitrary and contrary to the principles of natural justice and for a consequential direction to the Respondents to drop all further proceedings pursuant to the notice and to grant a cooling period of five years time to relocate the Petitioner MSME and to permit them to run the industrial premises namely M/s. Shri Sai Autoparts located at SF No.250/5A Kaivaliyam Nagar, Vadakkal Village, Sriperumbudur Taluk, Kancheepuram -602 105 without hindrance and disturbance of any Public Authorities and not to disconnect any power supply to their industry.
For Petitioner .. Mr.S.Dhakshinamoorthy For Respondents .. Mr.T.Chandrasekaran Special Government Pleader for R1 & R4 Mr.M.S.Arasakumar Government Advocate for R2 & R3
ORDER
This writ petition has been filed in the nature of certiorarified mandamus seeking records relating to the notice dated 23.11.2024 issued by the 3rd
respondent, Vallam Gram Panchayat at Vallam in Kancheepuram District and to quash the same and for a direction to the respondents to drop all further proceedings consequent to the notice.
2.The notice had been issued by the 3rd respondent calling upon the petitioner to vacate the premises which is under their occupation, wherein, the petitioner is running an automobile parts industry. 3.It is the contention of the 3rd respondent that the petitioner is running such industry in a residential area. The petitioner seeks interference of such notice, but at the same time had given a representation and had also given an explanation to the said notice. Once the petitioner had answered the notice and had joined proceedings with the 3rd respondent, then it is incumbent on the 3rd respondent to pass necessary orders after examining the representation already given. The representation which had been given is dated 26.11.2024. The petitioner had therefore participated in the proceedings issued by the 3rd respondent. It is only appropriate that it is taken to its logical conclusion by the 3rd respondent. 4.I am confident that petitioner would be granted adequate opportunity of
being heard and his representation would be duly considered. Placing that obligation on the 3rd respondent, writ petition stands disposed of. The 3rd respondent may pass orders on the representation given by the petitioner herein on or before 24.01.2025. No Costs. Consequently, connected miscellaneous petitions are closed.
21.12.2024 Index:Yes/No Internet:Yes/No Speaking Order/Non-Speaking Order ssr To 1.The District Collector, Government of Tamil Nadu First Floor, Collectorate, Tahiyar Kullam, Kancheepuram - 631 501.
2.The Block Development Officer, Block Development Office, Sarala Nagar, Sriperumbudur, Kanchipuram - 602 105.
3.Valam Gram Panchayat, Rep. by its President, Vallam, Automotice Corridor,
4.The Superintendent Engineer, TNEB Office, Thandalam, Sriperumbudur,
C.V.KARTHIKEYAN,J.
ssr W.P.No.39107 of 2024 and W.M.P.Nos.42350 & 42352 of 2024 21.12.2024