Madras High CourtWP(MD)/9869/2025disposed of

Selvaraj M v. The Managing Director

2025-04-08Honourable Mr.Justice Vivek Kumar Singh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH M.Selvaraj ... Petitioner -vs1.The Managing Director, The Tamil Nadu Industrial Investment Corporation Limited, 692, Anna Salai, Nanthanam, Chennai - 600 035.

2.The Deputy General Manager (Recovery), The Tamil Nadu Industrial Investment Corporation Limited, 692, Anna Salai, Nanthanam, Chennai - 600 035. 3.The Zonal Manager, The Tamil Nadu Industrial Investment Corporation Limited, Tirunelveli.

4.The Branch Manager, The Tamil Nadu Industrial Investment Corporation Limited, 98/C4, 2nd Floor, Chairman Shanmuga Nadar Road, Sivakasi, Virudhunagar District.

5.C.Kannan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the One Time

Settlement (OTS) of the petitioner dated 12.03.2025 regarding the petitioner's father late Marimuthu's Property, which is situated in Survey Number 363/2, old Natham Survey Number 472/2B and New Natham Survey Number 1661/98 and residential building constructed thereon bearing Door Number 82, Ward Number 13, Rotadi Street, Watrap, Srivilliputhur Taluk, Virudhunagar District, within an extent of 576 square feet concerned, within a time stipulated by this Court. For Petitioner : Mr.K.P.Sankarakumarakuruparan

ORDER

This Writ Petition has been filed seeking a direction to the respondents to consider the One Time Settlement (OTS) of the petitioner dated 12.03.2025 regarding the property of the petitioner's father late Marimuthu, situated in Survey Number 363/2, old Natham Survey Number 472/2B and New Natham Survey Number 1661/98 and residential building constructed thereon bearing Door Number 82, Ward Number 13, Rotadi Street, Watrap, Srivilliputhur Taluk, Virudhunagar District.

2. Seeking consideration of the One Time Settlement (OTS) regarding the property of the petitioner's father, late Marimuthu, the petitioner submitted a representation to the respondents 1 to 4, dated 12.03.2025. Since the same has not been considered so far, the petitioner has filed the present writ petition.

3. Heard the learned counsel for the petitioner.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the fourth respondent herein to consider the petitioner's representation dated 12.03.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner as well as all other persons, who may be interested in the subject matter, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the fourth respondent to consider the same on its own merits.

6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

NCC : Yes / No 08.04.2025 Index : Yes / No smn2 To:- 1.The Managing Director, The Tamil Nadu Industrial Investment Corporation Limited, 692, Anna Salai, Nanthanam, Chennai - 600 035.

4.The Branch Manager, The Tamil Nadu Industrial Investment Corporation Limited, 98/C4, 2nd Floor, Chairman Shanmuga Nadar Road, Sivakasi, Virudhunagar District.

VIVEK KUMAR SINGH , J.

smn2 08.04.2025