Madras High Court
M/S. Bhavam Engineering vs The State Of Tamilnadu on 17 October, 2022
W.P. No. 17219 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2022
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 17219 of 2015
and
M.P. Nos. 1 and 2 of 2015
M/s. Bhavam Engineering
Rep. By its Proprietor M.Venuraj
Plot No.15, Old No.65-A
SIDCO Industrial Estate
Ambattur, Chennai – 600 058. … Petitioner
-vs-
1. The State of Tamilnadu
Rep. By the Secretary to Government
Micro, Small and Medium Industries Department
Fort St. George, Chennai-600 009.
2. The Managing Director
TANSIDCO
SIDCO Corporate Office Building
Thiru.Vi.Ka.Industrial Estate
Guindy, Chennai – 600 032.
3. The Estate Manager
TANSIDCO Industrial Estate
Ambattur, Chennai – 600 058.
4. M/s.Mani Industries
Rep. By its Managing Partner Arumuga Pandian
No.33, Annai Theresa St. Ayapakkam
Chennai – 600 077. ...
Respondents
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W.P. No. 17219 of 2015
Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950,
praying to issue a Writ of Certiorarified Manadamus, Calling for the entire
records pertaining to the order passed by the Estate Manager, TANSIDCO
Industrial Estate, Ambattur, Chennai-58, the Third Respondent herein vide his
proceedings No. RC. No. 3291/A7/86 dated 03.06.2015 and quash the same as
illegal, arbitrary, unreasonable being violative of rules and principles of natural
justice and thereby direct the respondents herein to assign an extent of 8322
square feet of land and A.C. Sheeted Building to an extent of 3000 square feet
situated at Plot No.15, Old No.65-A, SIDCO Industrial Estate, Ambattur,
Chennai – 600 058 on receiving fair sale consideration as may be fixed by the
respondents herein within a time frame fixed by the Court.
For Petitioner : Mr. A.R.Suresh
For Respondents : Mr. J.Arunkumar (For R1)
Mr. M.J.Jaseem Mohamed (For R2 & R3)
R4-Not ready in notice
ORDER
Heard Mr. A.R.Suresh, Learned Counsel for the Petitioner,
Mr. J.Arunkumar, Learned Counsel for the First Respondent and
Mr. M.J.Jaseem Mohamed, Learned Counsel for the Second and Third
Respondents and perused materials placed on record, apart from the pleadings of
the parties.
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W.P. No. 17219 of 2015
2. The Second Respondent by Order No. 44533/N2/74 dated 21.08.1974 had
allotted Plot No. 65-B of an extent of 0.50 acre of land to one G.Subramanian,
Proprietor, M/s. Mani Industries, who had failed to commence construction and
pay the entire costs for the land, which led to the cancellation of the allotment
made in his favour by Order No. 32026//N2/83 dated 21.06.1984 passed by the
Second Respondent. The said G.Subramanian had filed the suit in O.S. No. 1718
of 1997 before the District Munsif Court, Ambattur for permanent injunction
restraining the Third Respondent from disturbing his peaceful enjoyment, which
was dismissed by judgment and decree dated 28.10.2003. Further, the Writ
Petition in W.P. No. 2174 of 2003 filed by the said G.Subramanian to direct the
Third Respondent to execute sale deed in his favour, was dismissed as
withdrawn by order dated 16.12.2006 passed by the Court.
3. It is the case of the Petitioner that the said G.Subramanian had entered into
a Lease Deed dated 25.01.2005 registered as Document No. 183 of 2005 in the
office of the Sub-Registrar, Villivakkam granting lease of an extent of 8,322 sq.
ft. of land forming part of that plot (which had been allotted by the Second
Respondent to him) for a period of two years from 25.01.2005 to 24.01.2007 and
he has been paying rent to him. However, the said G.Subramanian died on
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W.P. No. 17219 of 2015
23.08.2006 during the subsistence of the said lease, but the Petitioner continued
to be in occupation of the said extent of land where he is said to have made
construction for his factory. When the Third Respondent by proceedings in RC.
No. 3291/A7/86 dated 03.06.2015 called upon the Petitioner to vacate from the
land occupied by him within 15 days, failing which further action would be taken
for resuming possession, the Petitioner has filed this Writ Petition challenging the
said order and has sought for a direction to the Respondents to assign an extent
of 8,322 sq. ft. of land and A.C. sheeted building to an extent of 3,000 sq. ft.
constructed therein at Plot No. 15, Old No. 65-A, SIDCO Industrial Estate,
Ambattur, Chennai – 600058 on receiving fair sale consideration as may be
determined by the Respondent within the time frame that may be stipulated by
the Court.
4. At this juncture, it must be recapitulated here that it is trite law that any
disposal of public property by the State or its instrumentalities partakes the
character of a trust and the methods to be adopted for its disposal must be fair
and transparent providing an opportunity to all the interested persons to
participate in the process. As such, any decision granting such allotment of the
public property to the Petitioner to suit his convenience just because he happens
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W.P. No. 17219 of 2015
to be in occupation of a part of the land as a lessee of the said G.Subramanian,
after the cancellation of the allotment in his favour, would be contrary to law and
defeat public interest, which cannot be countenanced. It would be evident that
neither the Petitioner has any legally enforceable right to claim transfer of the
public property by the Second and Third Respondents, nor the Second and Third
Respondents have any legal obligation to be compelled to take any decision in
favour of the Petitioner for granting the same to him.
5. When the aforesaid legal position was pointed out, Learned Counsel for
the Petitioner seeks permission of the Court to withdraw this Writ Petition and he
has made an endorsement to that effect. However, Learned Counsel for the
Petitioner makes a fervent plea that four months may be granted for the Petitioner
to remove the machineries and vacate from the property and an affidavit dated
15.10.2022 has been filed by the Petitioner in that regard. That apart, it has been
brought to notice that by an order dated 17.06.2015 in M.P. No. 2 of 2015 in this
Writ Petition, the Petitioner was required to deposit a sum of Rs. 5,00,000/- to
the credit of the Third Respondent as condition for grant of interim stay of the
impugned order, but as the Third Respondent has not received the same, the
Petitioner has filed M.P. No. 3 of 2015 to direct the Third Respondent to accept
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W.P. No. 17219 of 2015
the said amount or permit the Petitioner to deposit that amount in this Court.
6. Having regard to the aforesaid submissions made, if the Petitioner makes
payment of the said amount of Rs. 5,00,000/- to the Third Respondent by
23.11.2022, the Second and Third Respondents shall defer the proceedings for
eviction of the Petitioner from the property till 31.12.2022 and the aforesaid
amount shall be treated as part payment towards damages for unauthorized
occupation in terms of Section 7 of the Tamil Nadu Public Premises (Eviction of
Unauthorized Occupants) Act, 1971. It is also made clear that if the Petitioner is
otherwise eligible, he shall not be precluded from participating in any tender or
auction for future allotment of the said land by the Second and Third
Respondents.
In the result, the Writ Petition is dismissed as withdrawn with the
clarification that the Second and Third Respondents may take further action for
resuming possession of the land in occupation of the Petitioner on the aforesaid
terms following the prescribed procedure in accordance with law. Consequently,
the connected Miscellaneous Petitions are closed. No costs.
17.10.2022
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W.P. No. 17219 of 2015
Maya
Index: Yes/No
Note: Issue order copy by 14.11.2022.
To
1. The Secretary to Government of Tamil Nadu
Micro, Small and Medium Industries Department
Fort St. George, Chennai-600 009.
2. The Managing Director
TANSIDCO
SIDCO Corporate Office Building
Thiru.Vi.Ka.Industrial Estate
Guindy, Chennai – 600 032.
3. The Estate Manager
TANSIDCO Industrial Estate
Ambattur, Chennai – 600 058.
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W.P. No. 17219 of 2015
P.D. AUDIKESAVALU, J.
Maya
W.P. No. 17219 of 2015
17.10.2022
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