The Chairman Cum Managing Director v. P.Surendran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Eighth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice D.KRISHNAKUMAR and The Hon`ble Mr.Justice R.VIJAYAKUMAR IN WA(MD) SR No.14575 of 2023 1 THE CHAIRMAN CUM MANAGING DIRECTOR, TAMILNADU SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD.,(TANSIDCO) HEAD OFFICE, ELECTRONIC COMPLEX, GUINDY, CHENNAI - 600032.

2 THE GENERAL MANAGER GUINDY, CHENNAI - 600032.

3 THE GENERAL MANAGER ( ADMIN) GUINDY, CHENNAI - 600032.

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4 THE BRANCH MANAGER SIDCO INDUSTRIAL ESTATE, K.PUDUR, MADURAI-625 007 ... Petitioners 1 to 4 / Appellants 1 to 4 / Respondents 2 to 5 Vs 1 P.SURENDRAN ... 1st Respondent / 1st Respondent / Petitioner 2 THE ADDITIONAL CHIEF SECRETARY, GOVERNMENT OF TAMILNADU, MICRO SMALL AND MEDIUM ENTERPRISES DEPARTMENT , SECRETARIAT, CHENNAI 600 009 ... 2nd Respondent / 2nd Respondent / 1st Respondent Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order to condone the delay of 385 days in filing this Writ Appeal pending disposal of the Writ Appeal.

Prayer in WA(MD) No.14575 of 2023:

To set aside the portion of the order dated 04.01.2023 passed in WP(MD) No.12608 of 2022 and allow the writ appeal.

Prayer in WP(MD). 12608/ 2022 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue of Writ of Certiorarified Mandamus to call for the records pertaiing to the order passed in Proc.No.10875/1E-10/2009 dated 26.04.2022 and the consequential the Rc.No.10874/1E-10/2009-1 dated 26.04.2022 by the respondents 3rd and 4th herein quash the same and direct the 2nd Respondent to issue an order to allot an alternative land in MAHIA Industrial Estate, Sivangani Road, 2/5

Uranganpatti, Madurai District either Industrial Plot No.102 or in any plot in commercial area / display area for the amount paid for the developed plot No.W in MAHIA Industrial Estate, Sivagangai Road, Uranganpatti, Madurai District. ORDER : This civil miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. T.SAKTHIKUMARAN, Advocate for the petitioners and of Mr.D.KIRUBAKARAN, Advocate on behalf of the Respondent No.1, the Court made the following order:- (Order of the Court was made by D.KRISHNAKUMAR, J.) This petition is filed to condone the delay of 385 days in filing the W.A.SR. (MD)No.14575 of 2024.

2.The learned counsel for the petitioner submits that the Department has filed the appeal as early as on 04.01.2023 in W.A.(MD)SR.No.29509 of 2023 and the same was returned pointing out certain defects. However, the said bundle got misplaced in the office of the learned counsel for the petitioner and the same could not be traced. Hence, the present petition has been filed with the delay of 385 days. 3.We have gone through the affidavit filed by the petitioner. Though the reasons stated by the learned counsel for the petitioner is justified, considering the long delay, this petition is allowed on payment of Rs.10,000/- (Rupees Ten Thousand only). The said amount shall be paid to the credit of the Environmental Fund Operated by Member Secretary, Tamil Nadu State Legal Services Authority [Account No.6656485009; IFSC Code: IDIB000H040, High Court Branch, Chennai] 3/5

within a period of one week from the date of receipt of a copy of this order. 4.List the matter next week for reporting compliance. sd/- 28/03/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TA To 1 THE ADDITIONAL CHIEF SECRETARY, GOVERNMENT OF TAMILNADU, MICRO SMALL AND MEDIUM ENTERPRISES DEPARTMENT , SECRETARIAT, CHENNAI 600 009 2 THE CHAIRMAN CUM MANAGING DIRECTOR, TAMILNADU SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD.,(TANSIDCO) GUINDY, CHENNAI - 600032.

3 THE GENERAL MANAGER GUINDY, CHENNAI - 600032.

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4 THE GENERAL MANAGER ( ADMIN) GUINDY, CHENNAI - 600032.

5 THE BRANCH MANAGER SIDCO INDUSTRIAL ESTATE, K.PUDUR, MADURAI-625 007 COPY TO:

THE MEMBER SECRETARY, TAMILNADU STATE LEGAL SERVICES AUTHORITY, MADRAS HIGH COURT, MADRAS.

ORDER

IN IN WA(MD) SR No.14575 of 2023 Date :28/03/2024 ED/ GS /SAR- (05/04/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5