The Court in this writ petition observed that the cancellation of a plot allotment order was invalid because the petitioner was not given an opportunity of hearing before the order was passed. The cancellation was set aside.
Cancellation of allotment order dated 06.05.2022 set aside; authorities directed to afford hearing and pass orders on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.11131 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR W.P.(MD)No.11131 of 2022
and WMP(MD) No.7977 of 2022
K.Vellaichamy .. Petitioner
Vs
Tamil Nadu Small Industries Development Corporation Limited,
Thondi Road, Sivaganagai- 630 561
Tamil Nadu Small Industries Development Corporation Limited,
SIDCO Corporate Office Building,
Thiruvika Industrial Estate,
Guindy, Chennai- 600032.
Branch Manager, Tamil Nadu Small Industries Development Corporation Limited,
Thondi Road, Sivagangai. .. Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records of impugned show cause notice in Proc. No.29/B/2019 dated 28.05.2022 on the file of the first respondent and quash the same and further direct the respondents to issue cancellation order dated 06.05.2022.
For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.T.Sakthikumaran No.1 and 2 Standing Counsel.
ORDER
This Writ Petition has been filed to quash the impugned show cause notice dated 28.05.2022 issued by the first respondent and further direct the respondents to issue cancellation order dated 06.05.2022.
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W.P.(MD)No.11131 of 2022
No.34, measuring 36 cents, within the said Industrial Estate, on 30.01.2019. The price of the commercial plot is about 1.5 times higher than that of the developed plot and on such payment of extra cost, the plot was converted to commercial plot and the total cost of the plot is Rs.31,05,000/-. The petitioner has paid the entire consideration and upon receiving the entire consideration a Memorandum of Understanding entered on 25.01.2021 and thereafter, the petitioner started cleaning the said plot and obtained Electricity connection and other connections.
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W.P.(MD)No.11131 of 2022
the reason for cancellation was not given and it was also not served to the petitioner. Finding that the petitioner had violated the condition of allotment had cancelled the allotment order . The third respondent has been unnecessarily arrayed as respondenton in his individual capacity and there is nothing to show that the third respondenet has acted in the individual capacity in the entire transaction. He fairly submitted that the cancellation of the allotment order dated 06.05.2022 has not been served to the petitioner .
// True Copy //
/06/2022 Sub Assistant Registrar(CS)
aav
To
https://hcservices.ecourts.gov.in/hcservices/ Thondi Road, Sivaganagai- 630 561
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W.P.(MD)No.11131 of 2022
+1 CC to M/s.G.PRABHU RAJADURAI, Advocate ( SR-24987[F] dated 10/06/2022 )
W.P.(MD)No.11131 of 2022 and WMP(MD) Nos.7977 of 2022 09.06.2022
MGJ(24.06.2022) 4P 5C
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2 issues framed by the court
Whether the cancellation of the allotment order was valid without affording an opportunity of hearing.
Whether the principles of natural justice were violated in passing the cancellation order.
K.Vellaichamy
The Branch Manager, Tamil Nadu Small Industries Development Corporation Limited
The Chairperson and Managing Director, Tamil Nadu Small Industries Development Corporation Limited
K.Sasikala
M. Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
