Madras High Court
Federation Of Associations vs Tamil Nadu Small Industires on 2 August, 2012
Author: M.Jaichandren
Bench: M.Jaichandren
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 2.8.2012
CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN
Writ Petition No.12472 of 2008
FEDERATION OF ASSOCIATIONS [ PETITIONER ]
OF SMALL INDUSTRIES OF INDIA (FASII)
SOUTHERN REGION
REP. BY ITS NATIONAL PRESIDENT
T.V.HARIHARAN, NO.10, G.S.T.ROAD
GUINDY, CHENNAI-32.
Vs
1 TAMIL NADU SMALL INDUSTIRES
DEVELOPMENT, CORPORATION (TANSIDCO)
REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR
SIDCO GARMENT COMPLEX II
INDUSTRIAL ESTATE
GUINDY, CHENNAI-32.
2 THE GOVERNMENT OF TAMILNADU
REP. BY ITS SECRETARY
SMALL INDUSTRIES DEPARTMENT
FORT ST. GEORGE
CHENNAI-9. [ RESPONDENTS ]
This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus forbearing the Respondents, their men, agents and subordinates from in any manner interfering with the peaceful possession and enjoyment of the petitioner of Door No.10, G.S.T. Road, Guindy, Chennai-32 without following due process of law without providing premises in the proposed construction of Commercial Complex.
For petitioner : Mr.Kandhan Doraisamy
For respondents : Mr.V.P.Sengottuvel for R1
Mr.S.Navaneethan AGP for R2
O R D E R
Heard the learned counsels appearing for the parties concerned.
2. At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioner federation had submitted that the statements made, in paragraphs 3 and 7 of the counter affidavit filed on behalf of the first respondent, relating to the grant of alternate allotment of space, after the construction of a new building at No.10, G.S.T. Road, Guindy, Chennai, to the members of the petitioner federation, may be recorded, while disposing of the writ petition.
3. Paragraphs 3 and 7 of the counter affidavit filed on behalf of the first respondent read as follows:
"3. I respectfully submit that about nearly 4 decades ago allotments have been made to the writ petitioner Association on rental basis in the building situated in No.10, G.S.T. Road, Guindy for a rent of Rs.68/- per month. At present there are six more Associations functioning in the building on rental basis. I submit that the building at present is in a dilapidated condition requiring immediate demolition. I submit that under those circumstances, the writ petitioner Association along with other Associations has been asked to vacate the building and temporarily shift to SIDCO Branch Office, Guindy.
7. I respectfully submit that it is also to be noted that the writ petitioner has no legal right to insist for the signing of a Memorandum of Understanding. I submit that all the other Associations who attended the meeting on 07.01.2008 and 27.02.2008 have been allotted 100 sq.ft. each at the Branch Office of SIDCO in Guindy Industrial Estate. I submit that the request by the writ petitioner that they should be allotted full floor which is more than 2000 sq.ft. is not accepted and the writ petitioner cannot seek more area than i.e. allotted to the other Associations. It is submitted that the said allotment is only temporary and after the demolition and construction of the new building at No.10, G.S.T. Road, Guindy Industrial Estate, the members of the writ petitioner would be given similar extent of area occupied by them earlier. Hence, the writ petition is liable to be dismissed for devoid of any merits."
4. In view of the statements made in the paragraphs 3 and 7 of the counter affidavit filed on behalf of the first respondent, the writ petition stands closed, as no further orders are necessary. No costs. Connected M.P.No.1 of 2008 is closed.
lan To:
1 TAMIL NADU SMALL INDUSTIRES DEVELOPMENT, CORPORATION (TANSIDCO) REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR SIDCO GARMENT COMPLEX II INDUSTRIAL ESTATE GUINDY, CHENNAI-32.
2 THE GOVERNMENT OF TAMILNADU REP. BY ITS SECRETARY SMALL INDUSTRIES DEPARTMENT FORT ST. GEORGE CHENNAI 9