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Madras High CourtWP/31866/2018disposed of

Dhl Logistic Pvt Ltd v. Mepz

2021-03-12Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2021

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUODDHOSE W.P.No.31866 of 2018 DHL Logistic Pvt. Ltd., 1st Floor, Block 2 & 3, Temple Steps, 184-187, Anna Salai, Little Mount, Saidapet, Chennai-600 015.

.. Petitioner vs.

1.MEPZ Represented by The Development Commissioner, MEPZ Special Economic Zone & HEOUs, In Tamil Nadu, Pondichery, Andaman & Nocobar Island Administrative Office Building, National Highway-45, Tambaram, Chennai-600 045. 2.MEPZ Represented by The Assistant Development Commissioner, MEPZ Special Economic Zone & HEOUs, In Tamil Nadu, Pondichery, Andaman & Nocobar Island Administrative Office Building, National Highway-45, Tambaram, Chennai-600 045.

.. Respondents PRAYER: writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records with regard to the impugned order vide Lr.No.2/10/Authority dated 12.11.2018 issued by the 2nd respondent and quash the same and direct the respondent to issue a letter of allotment.

For Petitioner : Mr.N.V.Srinivasan For Respondents: Mr.K.Ramanamoorthy for R1 No appearance for R2

ORDER

Learned counsel for the petitioner has filed a memo dated 18.12.2020 submitting that the second respondent has agreed to refund the entire Earnest Money Demand of Rs.11,75,000/- by their letter dated 15.1.2020. He has also enclosed a letter

dated 15.12.2020 referred to supra along with the memo. The contents of the memo reads as follows:

"1.It is submitted that pursuant to the hearing on 8th October 2020 before the Hon'ble Mr.Justice K.Ravichandrababu, this Petitioner sent a letter dated 17th November 2020 to the 1st Respondent seeking refund of the Earnest Money Deposit, which if agreed to, the Petitioner would withdraw the Writ Petition.

2.It is submitted that in response to the letter, the Asst.

Development Commissioner Mr.Venkatraman M, of Office of the Development Commissioner, MEPZ Special Economic Zone & HEOUs in Tamil Nadu, Pondicherry, Andaman & Nicobar Island, has sent a reply Ref.File No.02/58/Court Case/2018-19/MSEZA dated 15.12.2020, received by the Petitioner on 17.12.2020, stating that the Respondent will refund the entire amount of Rs.11,75,000/- (Rupees Eleven Lakhs and Seventy Five Thousand only) being the amount paid by the Petitioner towards Earnest Money Deposit.

3. It is submitted that this letter from the Respondent is annexed to this Memo.

4. It is further submitted that taking this into consideration the commitment made by the Respondent vide letter Ref.File No.02/58/Court Case/2018-19/MSEZA dated 15.12.2020, received by the Petitioner on 17.12.2020, the Petitioner is willing to withdraw the Writ Petition No.31866 of 2018 filed before this Hon'ble High Court, with liberty to re-approach this Hon'ble Court in the event such refund of payments is not effected by the Respondent."

2. Recording the aforesaid memo as well as the letter dated 15.12.2020 sent by the second respondent, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-VII) //True Copy// Sub Assistant Registrar kal

To 1.The Development Commissioner, MEPZ Special Economic Zone & HEOUs, In Tamil Nadu, Pondichery, Andaman & Nocobar Island Administrative Office Building, National Highway-45, Tambaram, Chennai-600 045.

2. The Assistant Development Commissioner, MEPZ Special Economic Zone & HEOUs, In Tamil Nadu, Pondichery, Andaman & Nocobar Island Administrative Office Building, National Highway-45, Tambaram, Chennai-600 045.

+1 cc to NVS & Associates Sr No.16674 W.P.No.31866 of 2018 SKY(CO) RG.21.04.2021(3C/4C)