High Court Madras High Court

A.Vincent Selvaraj vs The Chairman-Cum-Managing … on 11 February, 2006

Madras High Court
A.Vincent Selvaraj vs The Chairman-Cum-Managing … on 11 February, 2006
       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS           

DATED: 11/02/2006  

C O R A M  

THE HON'BLE MR. JUSTICE P.SATHASIVAM         

WRIT PETITION NO.23812 of 2001    


A.Vincent Selvaraj                     ... Petitioner

-Vs-

1.The Chairman-cum-Managing Director,  
   Tamil Nadu Industrial Investment
  Corporation ltd.,
  Whites Road, 
  Madras-2.

2.The  Branch Manager, 
  Tamil Nadu Industrial Investment
  Corporation Ltd.,
  Plot No.9, Spencer Compound, 
  Thiruvallurvar Salai,
  Dindigul.                                     .. Respondents

        Petition under Article 226 of The Constitution of  India  to  issue  a
Writ of Mandamus to forbear the respondents, their men, agents or subordinates
from  interfering  with  the  petitioner's  rice mill in any manner unless due
process of law.

!For petitioner ...  Mr.C.Prakasam

^For Respondents ...  Mrs.B.Saraswathi 

:O R D E R 

The petitioner has approached this Court to issue a writ of
Mandamus forbearing the respondents from interfering with the petitioner’s
rice mill in any manner unless due process of law.

2. Heard the learned counsel for the petitioner as well as the
respondents.

3. At the time of hearing of the writ petition, the learned counsel
appearing for the respondents has placed the status report which shows that
the petitioner is liable to pay Rs.37,05,000/-. On the other hand, the
learned counsel appearing for the petitioner has informed this Court that the
petitioner has repaid the sum of Rs.11,41,000 /- and according to him, this
fact has been admitted by the respondents vide para 10 of the counter
affidavit. It is brought to my notice that even now, one time settlement
scheme is available and it is for the petitioner to avail the same.

4. Taking note of these factual details including the availability of
one time settlement scheme, the petitioner herein is directed to make a
representation to the first respondent highlighting his grievance and for
availing one time settlement scheme with Demand Draft for a sum of
Rs.5,00,000/-(Rupees five lakhs only) within a period of two weeks from the
date of receipt of a copy of this order. If any such representation is made
along with the Demand Draft as mentioned above, the first respondent is
directed to consider and if the petitioner is eligible for any of the one time
settlement scheme, the same may be communicated to the petitioner at once. It

is made clear that if the petitioner fails to make representation with Demand
Draft for Rs.5,00,000/- within the time as mentioned above, the respondents
are free to proceed further.

5. With the above observations, the writ petition is disposed of. No
costs.

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