BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21/02/2006 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.No.11330 of 2006 and W.P.M.P.No.12060 of 2005 Ms.Ashi Divyapriya Enterprises, represented by the Proprietor, Kalidoss, 16, West Street, Kumarapuram, Kalugumalai, Kovilpatti, Tuticorin District. ... Petitioner Vs. The Regional Manager, Tamil Nadu Industrial Investment Corporation Ltd., Regional Office, Anna Nagar, Madurai-625 020. ... Respondent PRAYER Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of certiorari, calling for the records of the respondent relating to the impugned auction notice in advertisement No.MDU/RO/2005-2006/20 as published in Dina Thanthi dated 01.12.2005 and to quash the same insofar as the machinaries of the petitioner referred in item Nos.4,6 and 8 and in serial No.4 of the said impugned notice is concerned. !For Petitioner ... Mr.G.Sridaran ^For Respondent ... Mr.Jayesh B Dolia :ORDER
This writ petition is filed for issuance of writ of certiorari
calling for the records of the respondent relating to the impugned auction
notice in advertisement No.MDU/RO/2005-2006/20 as published in Dina Thanthi
dated 01.12.2005 and to quash the same insofar as the machinaries of the
petitioner referred in item Nos.4,6 and 8 and in serial No.4 of the said
impugned notice is concerned.
2. Heard the learned counsel for the petitioner and Mr.Jayesh B Dolia,
learned counsel for the respondent.
3. The petitioner’s case is that the machineries stated in item No.(4)
viz., guarding machine-2, item No.(6) Draw frame (LR)-1 and item No.(8) Ring
frame 400 to 440 spindles-10, do not belong to Shri.Raja Rajeswari Textiles but
they belong to the writ petitioners and they have leased out to
Shri.Raja Rajeswari Textiles. By virtue of order of injunction those three items
have not been brought to sale, pursuant to the sale notification in Dina Thanthi
dated 01.12.2005.
4. The learned counsel for the petitioner submits that the petitioner has
made a representation to the respondent on 08.12.2005, setting out the facts
that the said machineries are belonging to the petitioners and they have been
leased out to Shri.Raja Rajeswari Textiles, who is debtor to the respondent.
5. Considering the facts and circumstances of the case, the respondent is
directed to consider the said representation of the petitioner dated 08.12.2005,
in respect of the three items of properties stated to be leased out machineries,
and pass appropriate orders. It is also made clear that till the respondent
passes such orders on the representation of the petitioner, the said three items
are not to be brought for sale.
5. With the above observation, this petition is disposed of. No costs.
Consequently the connected W.P.M.P.No.12060 of 2005 is closed.
To
The Regional Manager,
Tamil Nadu Industrial Investment
Corporation Ltd.,
Regional Office,
Anna Nagar,
Madurai-625 020.