P. Victo Rex v. The Tamil Nadu Small Industries Development Corporation Limited

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.(MD)No.9135 of 2025 P.Victo Rex ... Appellant Vs.

1. The Tamil Nadu Small Industries Development Corporation Limited, Rep. by its Chairman & Managing Director, Near SIDCO Electronics Complex, Thiru. Vee.Ka. Industrial Estates, Guindy, Chennai - 600 032.

2. The Branch Manager, Tamil Nadu Small Industries Development Corporation Limited, SIDCO Industrial Estate, Pettai, Tirunelveli - 627 010.

... Respondents Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD)No.2419 of 2021 dated 09.01.2023 on the file of this Court. 1/5

For Appellant : Mr.M.Gregory Retna Raj For Respondents : Mr.A.Kannan, Addl. Government Pleader for R1.

Mr.T.Sakthikumaran for R2.

JUDGMENT

(By G.R.SWAMINATHAN, J.) Heard both sides.

2.The appellant was allotted a plot of land in Phase II in Valliyoor in the Industrial Estate of TNSIDCO. The tentative cost was fixed at Rs.10,44,500/-. It was subsequently revised and final cost was fixed at Rs.23,60,900/- per acre. The appellant was called upon to make the differential payment. Challenging the stand of TNSIDCO, the appellant filed W.P.(MD)No.2419 of 2021. The writ petition was dismissed by the learned Single Judge vide order dated 09.01.2023. Aggrieved by the same, this writ appeal has been filed.

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3.We are of the view that in such matters, it is only the Board that would be competent to go into the factual aspects. We, therefore, permit the appellant to move the Board of TNSIDCO. If an appeal is filed by the appellant before the Board within a period of three weeks from the date of receipt of a copy of this judgment, it shall be disposed of by the Board on merits and in accordance with law within a period of three months thereafter. Till the Board takes a decision, the cancellation order already passed by the second respondent shall be put on hold. 4.It is also seen that like the appellant, few other allottees filed writ petitions and all of them suffered dismissal. Aggrieved by the same, appeals were filed before the Hon'ble Division Bench and a Coordinate Division Bench dismissed those appeals.

The learned counsel for the appellant states that the grounds now projected in this writ appeal did not fall for consideration before the Coordinate Division Bench. We, therefore, call upon the Board of TNSIDCO to take a decision on the appellant's appellant independently without being influenced by the order passed in the writ proceedings or in the writ appeals.

5.This writ appeal is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S. J.,) & (K.R.S. J.,) 02.07.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:-

1. The Tamil Nadu Small Industries Development Corporation Limited, Rep. by its Chairman & Managing Director, Near SIDCO Electronics Complex, Thiru. Vee.Ka. Industrial Estates, Guindy, Chennai - 600 032.

2. The Branch Manager, Tamil Nadu Small Industries Development Corporation Limited, SIDCO Industrial Estate, Pettai, Tirunelveli - 627 010.

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G.R.SWAMINATHAN, J.

and K.RAJASEKAR, J.

ias 02.07.2025 5/5