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Madras High CourtWP(MD)/14248/2010dismissed as infructuous

A. Nihila, v. The Chairman And The

2022-04-07Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD)Nos.14248 & 14249 of 2010 A.Nihila : Petitioner in WP(MD)No.14248/2010 S.Velvizhi : Petitioner in WP(MD)No.14249/2010 Vs.

1.The Chairman and Managing Director, Tamil Nadu Small Industries Development Corporation Ltd., (TANSIDCO) Thiru Vi Ka Industrial Estate, Chennai - 600 032.

2.The Branch Manager / Estate Officer, TANSIDCO, Kappalur, Madurai - 8.

: Respondents in both WPs COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India seeking issuance of Writ of Certiorari calling for the records from the first respondent in proceedings in R.C.No.12049/1E-2C/2008, dated 29.07.2010 and 12050/1E-2C/2008, dated 23.07.2010 and the consequential show cause notice issued by the second respondent in proceedings in R.C.No.146/A/2008, dated 22.11.2010 and 120/A/2008, dated 22.11.2010 and quash the same.

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For Petitioners : Mr.N.Sathish Babu For Respondents : Mr.T.Sakthi Kumaran [In both WPs] ***** COMMON ORDER The petitioners before this Court are Women Entrepreneurs. They have been allotted plots in D.P.Nos.4 & 79 in Kappalur Industrial Estate, vide the orders of the respondents dated 21.10.2008. However, vide the impugned orders, the said allotments have been cancelled on the ground that the petitioners did not pay the plot costs within the specified time limit. Hence, the petitioners have moved the present writ petitions. 2.While entertaining these writ petitions, this Court, by order dated 07.12.2010, has granted interim stay on condition that the petitioners shall pay the monthly due payable upto November, 2010, within two weeks. Thereafter, by order dated 13.06.2012, the petitioners were permitted to pay quarterly installments. According to the learned Counsel for the petitioners, the said interim directions have been complied with and the petitioners have also paid the costs.

3.Learned Counsel for the respondents submitted that though the petitioners have paid the plot costs pursuant to the directions of this Court, they have not utilized the plots for quite a long time. Neither they have developed any industrial establishments therein. 2/4

Therefore, the petitioners were served with notices in the year 2017, to show cause as to why the allotment orders should not be cancelled, for non-utilization of the plots. The petitioners have challenged the said notices before this Court in WP.(MD)Nos.11152 & 11153 of 2017 and the same is still pending.

4.In view of the aforesaid submissions, this Court is of the opinion that nothing survives for further adjudication in these writ petitions, since the petitioners have now paid the plot costs, pursuant to the interim directions. With regard to the show cause notices issued in the year 2017 for not utilizing the plots right from the allotment, since cognizance has already been taken by this Court in WP(MD)Nos.11152 & 11153 of 2017, it is for the parties to agitate the same in the said writ petitions. Accordingly, these writ petitions are dismissed as having become infructuous. There shall be no order as to costs.

Index : Yes / No 07.04.2022 Internet : Yes dsk/gk To 1.The Chairman and Managing Director, Tamil Nadu Small Industries Development Corporation Ltd., (TANSIDCO) Thiru Vi Ka Industrial Estate, Chennai - 600 032.

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B.PUGALENDHI, J.

gk 2.The Branch Manager / Estate Officer, TANSIDCO, Kappalur, Madurai - 8.

W.P.(MD)Nos.14248 & 14249 of 2010 07.04.2022 4/4