Sri Abinanthana Coirs v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2018 CORAM :

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P. No. 32417 of 2018 Sri Abinanthana Coirs Rep. By its Proprietor K. Vellingiri .. Petitioner Vs.

1. The Chairman cum Managing Director No.692 Tamil Nadu Industrial Anna Salai, Nandanam Chennai - 600 035.

2. The Branch Manager Tamil Nadu Industrial SIDCO Industrial Estate Kurichi, Coimbatore.

.. Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent to consider and pass orders on merits by disposing the written representation made by the petitioner on 10.04.2018 within a stipulated time as this Court fixes and pass such further orders.

For Petitioner : Mr.C. Prakasam For Respondents : Mr. M. Paul Raj for TIIC

O R D E R

This writ petition is filed seeking to direct the 1st respondent to consider and pass orders on the representation of the petitioner dated 10.04.2018 within the stipulated time fixed by this Court.

2. Mr. M. Paul Raj, learned counsel takes notice for the respondents Corporation. With the consent of both the parties, the main Writ Petition is taken up for final disposal, at the stage of admission itself.

3. The learned counsel for the petitioner would submit that the petitioner availed a loan of Rs.47.00 lakhs, from the respondents for developing his coir industry. The petitioner repaid a sum of Rs.10.00 lakhs. Subsequently, due to the heavy loss sustained in the said business, the petitioner was unable to repay the balance loan amount. Hence, the respondent issued a demand notice to the petitioner. In order to save his properties worth Rs.3.00 crores from public auction, the petitioner made a payment of Rs.5.00 lakhs and approached the respondents for One Time Settlement. The petitioner is also trying to sell his properties at a better rate and is ready and willing to settle the dues under OTS scheme. In this regard, the petitioner made a representation on 10.04.2018 to the respondents, requesting to accept his offer for One Time Settlement. Since no order has been passed by the respondent and the said representation is still pending, the petitioner has filed the present writ petition.

4. Considering the nature of prayer, without expresssing any opinion on the merits of the case, this Court is inclined to direct the 2nd respondent to consider the representation of the petitioner dated 10.04.2018 on merits and in accordance with law and pass orders, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. No order as to costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar avr To

1. The Chairman cum Managing Director No.692 Tamil Nadu Industrial Anna Salai, Nandanam Chennai - 600 035.

2. The Branch Manager Tamil Nadu Industrial SIDCO Industrial Estate Kurichi, Coimbatore.

+1 cc to Mr.M.Paul Raj, Advocate Sr.No.84503 +1 cc to Mr.C.Prakasam, Advocate Sr.No.84500 W.P. No. 32417 of 2018 avr CSL/24.01.2019