Allowed

G.Shenbagaraj v. State of Tamil Nadu

Madras HC7 Aug 2023WP(MD)/20558/2013

Case brief

AI extract

What is this about?

The petitioner sought a writ to quash an order demanding an increased plot price and forbearance from sale. The Court observed a mutual agreement on the revised price of Rs.25,26,300/- per acre. It directed the petitioner to remit this cost within eight weeks and directed the Corporation to issue the allotment order thereafter.

What did the court decide?

Petitioner directed to remit plot cost at Rs.25,26,300/- per acre within eight weeks; Second respondent directed to issue allotment order thereafter.

G.Shenbagaraj Vs State of Tamil Nadu — Specific Performance | Madras HC (2023)

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1 W.P.(MD)NO.20558 OF 2013

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 07.08.2023

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P.(MD)No.20558 of 2013 AND M.P.(MD)No.2 of 2013

G.Shenbagaraj

... Petitioner

Vs.

State of Tamil Nadu,

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Rep. by its Principal Secretary to Government, MSME Department,

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Secretariat, Fort St. George,

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Chennai – 600 009.

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The Chairman and Managing Director, Tamil Nadu Small Industries Development Corporation Ltd.(TANSIDCO), Thiru.Vi.Ka. Industrial Estate, Near SIDCO Electronic Complex, Guindy, Chennai – 600 032.

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The Screening Committee, Tamil Nadu Small Industries Development Corporation Ltd.(TANSIDCO), Thiru.Vi.Ka. Industrial Estate, Near SIDCO Electronic Complex, Guindy, Chennai – 600 032.

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The Branch Manager, Tamil Nadu Small Industries Development Corporation Ltd.(TANSIDCO), Tirunelveli.

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The General Manager, District Industries Centre, Thoothukudi. ... Respondents

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https://www.mhc.tn.gov.in/judis

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2 W.P.(MD)NO.20558 OF 2013

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Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the 2^nd respondent's order of increasing and demanding abnormal price for the plots No.70 and 70A at TANSIDCO Industrial Estate in Kovilpatti in Thoothukudi District in proceedings in RC No.1095/IE-9/07 dated 11.10.2013 and quash the same and also to pass order forbearing the respondents from selling the said sites till the disposal of this writ petition.

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For Petitioner : Mr.R.Ramasamy For R-1 : Mr.N.Satheesh Kumar, Additional Government Pleader. For R-4 : Mr.T.Sakhi Kumaran For R-5 :Mr.K.P.Krishna Doss For R-2 & R-3 : No appearance.

O R D E R

Heard both sides.

The writ petitioner wanted to start an industrial unit in TANSIDCO industrial estate at Kovilpatti. The respondent Corporation had issued notification inviting applications in the

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https://www.mhc.tn.gov.in/judis

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3 W.P.(MD)NO.20558 OF 2013

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year 2007. Originally, plot cost was fixed at Rs.6,25,000/- per acre. However, certain procedural formalities could not be complied with. SIDCO took the stand that the price originally fixed will have to be revised. The rates were upwardly revised. That led to the institution of the present litigation.

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When the matter was taken up for hearing, the learned Standing counsel submitted that SIDCO is willing to allot a plot to the petitioner at the rate of Rs.25,26,300/- per acre. The matter was adjourned to enable the learned counsel to obtain instructions. When the matter was taken up for hearing, the learned counsel submitted that the petitioner is willing to take the allotment at the rate of Rs.25,26,300/- per acre.

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Taking into account the submissions made on either

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side, this writ petition is disposed of as follows:-

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a) The petitioner Mr.G.Shenbagaraj shall remit the plot

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cost in favour of TANSIDCO at Rs.25,26,300/- per acre within a period of eight weeks from the date of receipt of a copy of this order.

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https://www.mhc.tn.gov.in/judis

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4 W.P.(MD)NO.20558 OF 2013

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b) The second respondent shall thereafter issue allotment order in favour of the petitioner.

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No costs. Consequently, connected miscellaneous petition is closed.

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07.08.2023

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NCC : Yes / No Index : Yes / No Internet : Yes / No PMU

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Note : Issue order copy on 09.08.2023.

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To:

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The Principal Secretary to Government, MSME Department, Secretariat, Fort St. George, Chennai – 600 009.

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https://www.mhc.tn.gov.in/judis

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5 W.P.(MD)NO.20558 OF 2013

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G.R.SWAMINATHAN,J.

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PMU

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W.P.(MD)No.20558 of 2013

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07.08.2023

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https://www.mhc.tn.gov.in/judis

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G.Shenbagaraj v. State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

G.Shenbagaraj v. State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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