M/S.Atlas Crane Private Limited vs The Chairman & Managing Director
2023 Latest Caselaw 8776 Mad

                                                                       W.A.No.1814 of 2023



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED:    21.07.2023

                                                   CORAM :

                           THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                       AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU


                                              W.A.No.1814 of 2023

                     M/s.Atlas Crane Private Limited,
                     rep. by its Director, M.Senthil Muthu,
                     14B & C, SIDCO Industrial Estate,
                     Kakkalur, Tiruvallur District-602 003.             .. Appellant

                                                       Vs
                     1.The Chairman & Managing Director,
                       Tamil Nadu Small Industries
                           Development Corporation Ltd.,
                       Thiru-Vi-Ka Industrial Estate,
                       Guindy, Chennai – 600 032.

                     2.The Branch Manager,
                       Tamil Nadu Small Industries
                           Development Corporation Ltd.,
                       SIDCO Branch Office,
                       SIDCO Industrial Estate,
                       Kakkalur,
                       Thiruvallur-602 003.                             .. Respondents

                     Prayer: Appeal under Clause 15 of the Letters Patent to set aside the
                     order dated 28.10.2022 passed in W.P.No.28310 of 2016 by the
                     learned Single Judge.

                     __________
                     Page 1 of 6


https://www.mhc.tn.gov.in/judis
                                                                              W.A.No.1814 of 2023




                                      For the Appellant       : Mr.G.RM. Palaniappan


                                                        JUDGMENT

(Delivered by the Hon'ble Chief Justice)

We have heard Mr.G.RM.Palaniappan, learned counsel for

the appellant.

2. The order dated 28.10.2022 passed by the learned

Single Judge in the writ petition is assailed.

3. The appellant had filed the writ petition challenging the

proceedings issued by the second respondent calling upon the

appellant to pay the revised plot cost, in default of which it was

stated that the allotment would be cancelled.

4. During the pendency of the writ petition, the second

respondent fixed the final plot cost and after deducting the

tentative plot cost, directed the appellant to pay Rs.11,14,535/-

__________

https://www.mhc.tn.gov.in/judis W.A.No.1814 of 2023

[Rupees Eleven Lakhs Fourteen Thousand Five Hundred and

Thirty Five only] with further interest at the rate of 15% per

annum.

5. Learned counsel for the appellant submits that the

appellant had paid the land cost along with interest in the year

2012. In view of that, it was not open for the respondents to

again revise the plot cost at the rate applicable during 2012

and demand higher amount from the appellant. Learned

counsel submits that the learned Single Judge did not consider

the said aspect.

6. We have gone through the order passed by the learned

Single Judge and considered the submissions canvassed by

learned counsel for the appellant.

7. The learned Single Judge relied upon Clause 2 of the

allotment letter which suggests that if the entire cost of the plot

__________

https://www.mhc.tn.gov.in/judis W.A.No.1814 of 2023

is not paid by the allottee within the time limit, the plot cost

shall be paid at the rate fixed relevant to the financial year

during which the plot cost is paid in full. The appellant was

allotted with the plot in question in the year 2009. It was

required to remit the entire amount within six months.

However, the appellant paid a sum of Rs.10,00,000/- [Rupees

Ten Lakhs only] on 24.2.2012 and another sum of

Rs.43,46,665/- [Rupees Forty Three Lakhs Forty Six Thousand

Six Hundred and Sixty Five only] on 27.3.2012. The appellant

paid the original tentative cost with interest on 27.3.2012. As

such, the second respondent calculated the revised land cost as

applicable for the year 2012. The appellant did not pay the

difference in plot cost and, hence, the appellant is liable to pay

it with interest.

8. The learned Single Judge has considered the terms of

the allotment letter and the contentions of appellant threadbare

and has not committed any error while passing the impugned

__________

https://www.mhc.tn.gov.in/judis W.A.No.1814 of 2023

order.

The writ appeal, as such, is dismissed. There will be no

order as to costs. Consequently, C.M.P.No.15932 of 2023 is

closed.

                                                        (S.V.G., CJ.)                (P.D.A., J.)
                                                                        21.07.2023
                     Index            :           Yes/No
                     Neutral Citation :           Yes/No
                     sasi

                     To:

1.The Chairman & Managing Director, Tamil Nadu Small Industries Development Corporation Ltd., Thiru-Vi-Ka Industrial Estate, Guindy, Chennai – 600 032.

2.The Branch Manager, Tamil Nadu Small Industries Development Corporation Ltd., SIDCO Branch Office, SIDCO Industrial Estate, Kakkalur, Thiruvallur-602 003.

__________

https://www.mhc.tn.gov.in/judis W.A.No.1814 of 2023

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

(sasi)

W.A.No.1814 of 2023

21.07.2023

__________

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