High Court · 2025

W.A No. 3269 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 10.11.2025CORAMTHE HON'BLE MR JUSTICE R.SURESH KUMARANDTHE HON'BLE MR JUSTICE HEMANT CHANDANGOUDARW.A No.3269 of 2025Dr.Ramanathan PProprietor, Sriram Plastic Engineering Works12, Pillaiyar Kovil Street, VelapadiVellore – 632 001, Vellore District. ..AppellantVs1.The Chairman of Tamil Nadu Small IndustriesDevelopment Corporation Limited cum Secretaryto Micro, Small & Medium Enterprises Departmentof Government of Tamil Nadu8th Floor, Secretariat, Fort St.George, Chennai-600 009.2.The Managing DirectorTamil Nadu Small Industries DevelopmentCorporation Limited9th Floor, SIDCO Corporate Office BuildingThiru.Vi.Ka. Industrial Estate, GuindyChennai-600 032.3.The General ManagerTamil Nadu Small Industries DevelopmentCorporation Limited9th Floor, SIDCO Corporate Office BuildingThiru.Vi.Ka. Industrial Estate, GuindyChennai-600 032.Page Nos.1/9 https://www.mhc.tn.gov.in/judis W.A No. 3269 of 20254.The Estate Officer cum Branch ManagerTamil Nadu Small Industries DevelopmentCorporation LimitedSIDCO Industrial Estate, Kangeya Nallur RoadGandhi Nagar, Vellore - 632 006Vellore District.5.The Industries Commissioner and Director of Industries & Commerce3rd Floor, SIDCO Corporate Office BuildingThiru.Vi.Ka.Industrial Estate, Guindy, Chennai-600 032.6.The General ManagerDistrict Industries Centre,5, Devaraj Nagar, (Opposite to IVPM), Ranipet - 632 401...RespondentsWrit Appeal is filed under Clause 15 of Letter Patent to set aside the order of dismissal of W.P.No.11931 of 2024 dated 26.09.2024 by allowing this writ appeal.For Appellant: Mr.P.Ramanathanparty-in-personJ U D G M E N T(Made by HEMANT CHANDANGOUDAR, J.)This intra-Court appeal is directed against the order dated 26.09.2024 passed by the learned Single Judge in W.P. No. 11931 of 2024. By the said order, the learned Single Judge dismissed the writ petition filed by the Page Nos.2/9 https://www.mhc.tn.gov.in/judis W.A No. 3269 of 2025appellant, which challenged the judgment and decree dated 03.09.2004 passed by the jurisdictional District Court, confirming the order of eviction issued by the fourth respondent directing the appellant’s eviction from the subject property.2. The appellant had entered into a purchase agreement with the fourth respondent in respect of the subject property. However, owing to the appellant’s default in payment of the agreed consideration, the said agreement came to be cancelled by the fourth respondent. Despite such cancellation, the appellant continued to occupy the property, which was classified as public premises, thereby rendering such occupation unauthorised within the meaning of Section 2(g) of the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975 (hereinafter, “the Act”). Consequently, eviction proceedings were initiated against the appellant under the provisions of the Act.3. The initial order of eviction passed by the fourth respondent was challenged before the jurisdictional District Court, which set aside the same and remanded the matter for fresh consideration, observing that certain objections raised by the appellant had not been duly addressed. Upon such remand, the fourth respondent reconsidered the matter and, by order dated 14.02.1992, Page Nos.3/9 https://www.mhc.tn.gov.in/judis W.A No. 3269 of 2025again directed eviction of the appellant from the subject property.4. Aggrieved by the said order, the appellant preferred an appeal before the District Court, which, by judgment and decree dated 03.09.2004, dismissed the appeal and confirmed the order of eviction. Challenging the said decree, the appellant filed W.P. No. 11931 of 2024 before this Court, which came to be dismissed by the learned Single Judge.5. The learned Single Judge dismissed the writ petition on the twin grounds of delay and laches, noting that the appellant had approached this Court after an inordinate delay of nearly two decades from the date of the decree. The learned Judge further observed that the appellant had outstanding dues under a Money Market Account amounting to Rs. 2,46,984.31, out of which Rs. 54,994.68 represented principal dues, and the remaining Rs. 1,91,989.66 had been waived towards interest and other charges. Aggrieved by such findings and dismissal, the present writ appeal has been filed.6. The appellant, appearing party-in-person, contended that the judgment and decree dated 03.09.2004 was obtained by the fourth respondent by practising fraud upon the court, rendering the same a nullity in law and non-est in the eyes of law. It was further submitted that the order of eviction passed by the fourth respondent was contrary to the spirit of the remand order dated Page Nos.4/9 https://www.mhc.tn.gov.in/judis W.A No. 3269 of 202524.10.1991 of the District Court, inasmuch as the respondent failed to comply with the directions contained therein while reconsidering the matter.7. The appellant also urged that the learned Single Judge had failed to properly appreciate these contentions and that the delay in approaching the Court ought to have been condoned, considering the alleged fraud vitiating the earlier proceedings.8. We have carefully considered the submissions of the appellant-party-in-person and perused the materials available on record.9. It is an undisputed fact that the District Court, by judgment and decree dated 03.09.2004, confirmed the order of eviction dated 14.02.1992 passed by the Estate Officer, holding that the appellant’s occupation of the subject property was unauthorised, following the cancellation of the purchase agreement on account of non-payment of dues.10. The record further discloses that, in an earlier round of litigation, the District Court had set aside the original eviction order and remanded the matter to the fourth respondent for reconsideration, as the appellant’s objections had not been duly considered. Pursuant thereto, the fourth respondent conducted a fresh enquiry and, by order dated 14.02.1992, once again ordered the appellant’s eviction.Page Nos.5/9 https://www.mhc.tn.gov.in/judis W.A No. 3269 of 202511. The appellant’s appeal against the said order was dismissed by the District Court, confirming the eviction. Significantly, the appellant has failed to furnish any explanation, much less a satisfactory or sufficient cause, for the inordinate delay of over twenty years in approaching this Court.12. The learned Single Judge, upon appreciation of the record, rightly observed that the writ petition was hopelessly barred by delay and laches, and that such extraordinary delay, without plausible justification, disentitles the appellant from invoking the discretionary and equitable jurisdiction of this Court under Article 226 of the Constitution of India.13. The learned Judge also took into account that the agreement between the appellant and the fourth respondent had been lawfully cancelled due to the appellant’s default, and that the interest and penalty amounts had already been waived or written off by the respondent, demonstrating leniency on the part of the authority.14. Having regard to these factors, the learned Single Judge dismissed the writ petition, holding that no ground for judicial interference was made out.15. Upon an independent appraisal of the materials and the reasoning assigned by the learned Single Judge, this Court finds no illegality, infirmity, or perversity in the impugned order warranting interference in intra-Court Page Nos.6/9 https://www.mhc.tn.gov.in/judis W.A No. 3269 of 2025appellate jurisdiction.16. Accordingly, this Writ Appeal is devoid of merit and is dismissed. There shall be no order as to costs.(R.S.K.,J) (H.C., J) 10.11.2025Index : Yes / NoInternet : Yes/NoNeutral Citation : Yes / Nomk1.The Chairman of Tamil Nadu Small IndustriesDevelopment Corporation Limited cum Secretaryto Micro, Small & Medium Enterprises Departmentof Government of Tamil Nadu8th Floor, Secretariat, Fort St.George, Chennai-600 009.2.The Managing DirectorTamil Nadu Small Industries DevelopmentCorporation Limited9th Floor, SIDCO Corporate Office BuildingThiru.Vi.Ka. Industrial Estate, GuindyChennai-600 032.3.The General ManagerTamil Nadu Small Industries DevelopmentCorporation Limited9th Floor, SIDCO Corporate Office BuildingThiru.Vi.Ka. Industrial Estate, GuindyChennai-600 032.Page Nos.7/9 https://www.mhc.tn.gov.in/judis W.A No. 3269 of 20254.The Estate Officer cum Branch ManagerTamil Nadu Small Industries DevelopmentCorporation LimitedSIDCO Industrial Estate, Kangeya Nallur RoadGandhi Nagar, Vellore - 632 006Vellore District.5.The Industries Commissioner and Director of Industries & Commerce3rd Floor, SIDCO Corporate Office BuildingThiru.Vi.Ka.Industrial Estate, Guindy, Chennai-600 032.6.The General ManagerDistrict Industries Centre,5, Devaraj Nagar, (Opposite to IVPM), Ranipet - 632 401.Page Nos.8/9 https://www.mhc.tn.gov.in/judis W.A No. 3269 of 2025R. SURESH KUMAR, J.andHEMANT CHANDANGOUDAR, J.,mkW.A No. 3269 of 202510.11.2025Page Nos.9/9