Madras High Court
C.Ravichandran vs The Managing Director on 21 February, 2022
Author: C.Saravanan
Bench: C.Saravanan
WP (MD) No. 3198 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.02.2022
CORAM
THE HONOURABLE MR. JUSTICE C.SARAVANAN
Writ Petition (MD) No.3198 of 2022
and
W.M.P.(MD)No.2779 of 2022
C.Ravichandran .. Petitioner
Versus
1.The Managing Director,
The Tamil Nadu Industrial Investment Corporation (TIIC),
Head Quarters,
No.692, Anna Salai,
Nandanam, Chennai - 600 035.
2.The Regional Manager,
The Tamil Nadu Industrial Investment Corporation (TIIC),
No.5C/5B, Sakunthala Shopping Complex,
Tirunelveli - 3.
3.The Branch Manager,
The Tamil Nadu Industrial Investment Corporation (TIIC),
No.143, Cape Road,
Nagercoil - 629 001,
Kanyakumari District. .. Respondents
Petition filed under Article 226 of The Constitution of India praying to
issue a Writ of Mandamus, directing the respondents 1 to 3 to permit the
petitioner to sell the properties of the petitioner in S.No.368/3 at
Kulaseekarapuram Village, Agastheeswaram Taluk, Kanyakumari District,
through private negotiation to settle the entire loan dues to the respondent
Corporation.
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WP (MD) No. 3198 of 2022
For Petitioner : Mr.M.Mahaboob Fazil
for Mr.T.Lajapathi Roy
For Respondents : Mr.V.Nirmal Kumar
Government Advocate
ORDER
The learned Government Advocate for the respondents submits that the present writ petition is nothing but an attempt to protract the recovery of the debt by the respondents - The Tamil Nadu Industrial Investment Corporation [TIIC].
2.It is submitted that the petitioner had already filed W.P.(MD)No.1642 of 2021 and by order dated 23.02.2021, this Court had given time by directing the third respondent therein, namely, the Branch Office of TIIC, to consider and pass appropriate orders on merits on the representation of the petitioner within three weeks. It is further submitted that pursuant to the above said order of this Court, the third respondent has passed an order dated 12.03.2021, wherein it is stated that the petitioner has failed to avail the opportunity given to him. It is also submitted that the petitioner is dragging the feet and is not interested in settling the amount that is due to the respondent TIIC.
3.I have considered the arguments advanced by the learned counsel on either side.
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4.The offer of the petitioner to sell the property through private negotiation within 30 days from the date of receipt of a copy of this order stands recorded. It is made clear that the petitioner shall offer an amount to completely wipe out the liability from such sale. In case, the petitioner fails to bring a prospective buyer through private negotiation to sell the above said property before the respondents before such time, the respondents are at free to proceed against the petitioner and the property of the petitioner in accordance with law.
5.This Writ Petition stands disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed.
Index : Yes/No 21.02.2022
smn2
To
1.The Managing Director,
The Tamil Nadu Industrial Investment Corporation (TIIC), Head Quarters, No.692, Anna Salai, Nandanam, Chennai - 600 035.
2.The Regional Manager, The Tamil Nadu Industrial Investment Corporation (TIIC), No.5C/5B, Sakunthala Shopping Complex, Tirunelveli - 3.
3.The Branch Manager, The Tamil Nadu Industrial Investment Corporation (TIIC), No.143, Cape Road, Nagercoil - 629 001, Kanyakumari District.
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