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Showing contexts for: sidco in P.Muthurakku vs The Chairman And Managing Director on 17 November, 2021Matching Fragments
*********** Captioned main writ petition has been filed assailing a show cause notice dated 08.11.2021, bearing Reference No.357/C/2019 issued by the second respondent. This show cause notice shall hereinafter be referred to as 'impugned SCN' for the sake of convenience and clarity.
2.Mr.G.Aravinthan, learned Counsel representing the Counsel on record for the writ petitioner submits that the first respondent had allotted developed plots bearing Nos.28 & 29, measuring an extent of 0.87 acre or thereabouts in SIDCO Industrial Estate at https://www.mhc.tn.gov.in/judis Sivagangai on 22.11.2019, at a cost of over 50 Lakhs. Suffice to say that the aforesaid cost had to be paid by writ petitioner to SIDCO in a phased manner. It is not necessary to dilate into those factual details owing to the narrow compass on which captioned matter turns.
7.Learned Standing Counsel for SIDCO submits that the writ petitioner has submitted himself to the jurisdiction by replying to the impugned SCN. It is pointed out that the reply is dated 12.11.2021.
8.Before proceeding further, I am clear in my mind that challenge to a SCN in writ jurisdiction can only be only on very limited grounds ie., jurisdictional issue, Natural Justice Principle ['NJP' for brevity] violation, disregarding settled principle of laws to mention some of the exceptional circumstances under which a Writ Court will interfere qua challenge to an SCN. One of the recent case laws on this point is Coastal Container Transporters Association case {order dated 26.02.2019 in Civil Appeal No. https://www.mhc.tn.gov.in/judis 2276 of 2019}. Facts are captured in paragraph No.4 and ratio (capturing line of authorities) is set out in paragraph No.19.
https://www.mhc.tn.gov.in/judis
c) Respondent SIDCO shall pass orders on the basis of the aforementioned reply / representation considering both as reply to SCN as expeditiously as the business of the respondents would permit but in accordance with law and on the merits of the matter.
To
1.The Chairman and Managing Director, Tamil Nadu Small Industries Development Corporation Ltd., SIDCO Corporate Office Building, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai – 32.
2.The Branch Manager, Tamil Nadu Small Industries Development Corporation Ltd., SIDCO Branch Office, Thondi Road, Sivagangai.