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Madras High CourtWP(MD)/10848/2021disposed of

Umadevi.S v. The Managing Director

2021-07-09Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.07.2021

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU S.Umadevi ... Petitioner Vs.

1.The Managing Director, SIPCOT, 19-A, Rukmani Lakshmipathy Road, Post Box No.7223, Egmore, Chennai - 600 008.

2.The Project Officer, SIPCOT Industrial Park, Nilakkottai, Dindigul District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent to grant 90 days payment time to the petitioner as per their previous regular allotments by considering the petitioner's representation dated 14.06.2021 with reference to the allotment order dated 27.05.2021 under Ref.No.PII/SIC-NLK/Sri Karpaga/2021.

For Petitioner : Mr.A.Jayaramachandran For Respondents : Mr.N.Adityavijayalan

ORDER

The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus, directing the first respondent to grant ninety days payment time to the petitioner as per their previous regular allotments by considering the petitioner's representation dated 14.06.2021 with reference to the allotment order dated 27.05.2021 under Ref.No.PII/SIC-NLK/Sri Karpaga/2021.

2. The learned counsel for the petitioner would state that the petitioner is one of the main electrodes manufacturers in South India coming under MSME Sector and her existing plant is put up under a leased shed having electricity problems and therefore, she made an application to the first respondent on 07.12.2020 for allotment of a plot to run the industry. The first respondent also passed an allotment order dated 27.05.2021 under Reff.No.PII/SICNLK/Sri Karpaga/2021 allotting plot No.C-31 measuring 2.00 acres on lease basis for a period of ninety nine years for an amount of 1/3

Rs.18,17,600/-. As per the conditions, 100% plot cost to be paid within thirty days ie., on 25.06.2021 and all payments would be received by SIPCOT only through online portal. The grievance of the petitioner is that because of her financial condition, she was not able to pay the amount within thirty days time. Furthermore, the first respondent has given ninety days time for payment in respect of other plots allotted earlier to other allottees. Therefore, explaining her difficulty, the petitioner has sent a representation to the first respondent on 14.06.2021. However, without considering the request of the petitioner, the first respondent granted extension of time till 30.06.2021 only. Hence, the petitioner has come to this Court with the aforesaid prayer. The learned counsel would further state that the petitioner requires ninety days payment time as per the previous allotments made by the respondents and therefore, appropriate directions may be issued to the respondents in this regard.

3. However, the learned counsel appearing for the respondents would submit that considering the present Pandemic situation further thirty(30) days time can be granted to the petitioner for making payment.

4. Heard the learned counsel appearing on either side and perused the materials available on record.

5. Considering the pandemic situation and also considering the earlier extension of time granted by the first respondent to the petitioner, this Court is of the view that ninety days time should be granted to the petitioner to make payment. Accordingly, the first respondent is directed to give ninety(90) days time to the petitioner, from the date of allotment ie., on 27.05.2021, for making payment.

6. With the above direction, the writ petition is disposed of. No Costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) pm Note:(i) In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To:

+1 CC to M/s.A.JEYARAMACHNDRAN, Advocate ( SR-22058[F] dated 12/07/2021 ) 09.07.2021 SSS(CO) LR (19.07.2021) 3P 2C 3/3