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Madras High CourtWP(MD)/3198/2022disposed of

Ravichandran.C v. The Managing Director

2022-02-21Honourable Mr Justice C. Saravanan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2022

CORAM

THE HONOURABLE MR. JUSTICE C.SARAVANAN and W.M.P.(MD)No.2779 of 2022 C.Ravichandran Properietor, M/s.Sreeman fish Nets, S/o.M.Chelliah, No.9-90, Aravilai, Mylaudy Post, Kanyakumari District .. Petitioner

Versus

1.The Managing Director, Head Quarters, No.692, Anna Salai, Nandanam, Chennai - 600 035.

2.The Regional Manager, No.5C/5B, Sakunthala Shopping Complex, Tirunelveli - 3.

3.The Branch Manager, No.143, Cape Road, Nagercoil - 629 001, Kanyakumari District.

.. Respondents Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to permit the petitioner to sell the properties of the petitioner in S.No.368/3 at Kulaseekarapuram Village, Agastheeswaram Taluk, Kanyakumari District, through private negotiation to settle the entire loan dues to the respondent Corporation. For Petitioner :

Mr.M.Mahaboob Fazil for Mr.T.Lajapathi Roy For Respondents :

Mr.V.Nirmal Kumar Government Advocate 1/3

ORDER

The learned Government Advocate for the respondents submits that the present writ petition is nothing but an attempt to protract the recovery of the debt by the respondents - The Tamil Nadu Industrial Investment Corporation [TIIC].

2.It is submitted that the petitioner had already filed W.P. (MD)No.1642 of 2021 and by order dated 23.02.2021, this Court had given time by directing the third respondent therein, namely, the Branch Office of TIIC, to consider and pass appropriate orders on merits on the representation of the petitioner within three weeks. It is further submitted that pursuant to the above said order of this Court, the third respondent has passed an order dated 12.03.2021, wherein it is stated that the petitioner has failed to avail the opportunity given to him. It is also submitted that the petitioner is dragging the feet and is not interested in settling the amount that is due to the respondent TIIC. 3.I have considered the arguments advanced by the learned counsel on either side.

4.The offer of the petitioner to sell the property through private negotiation within 30 days from the date of receipt of a copy of this order stands recorded. It is made clear that the petitioner shall offer an amount to completely wipe out the liability from such sale. In case, the petitioner fails to bring a prospective buyer through private negotiation to sell the above said property before the respondents before such time, the respondents are at free to proceed against the petitioner and the property of the petitioner in accordance with law.

5.This Writ Petition stands disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) smn2 To 1.The Managing Director, Head Quarters, No.692, Anna Salai, Nandanam, Chennai - 600 035.

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2.The Regional Manager, No.5C/5B, Sakunthala Shopping Complex, Tirunelveli - 3.

3.The Branch Manager, No.143, Cape Road, Nagercoil - 629 001, Kanyakumari District.

+1 CC to M/s.V.NIRMAL KUMAR, Advocate (SR-7963[F] dated 23/02/2022 ) +1 CC to M/s.T.LAJAPATHI ROY, Advocate (SR-7656[F] dated 22/02/2022) WP (MD) No.3198 of 2022 21.02.2022 SB(CO) GC(08.03.2022) 3P 6C 3/3