High Court · 2024

W.P.Nos.29154, 29156 & 29158 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 14.10.2024CORAM : THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.29154, 29156 & 29158 of 2024M/s. Lilly Knitwear,Shop.No.108, Proprietorship Bharathi Babu,R.C.Pettipalayam, Pettaipalayam Post,Mohanur Via Namakkal District, Pin – 637 015. ...Petitioner in W.P.No.29154 of 2024M/s. MDK Knitwear,Shed.No.19, Proprietorship M.Duraiswamy, Melottivakkam Village, Murasavakkam Post,Kancheepuram District. ...Petitioner in W.P.No.29156 of 2024M/s. 5 Star Knittings,Shed.No.18, Proprietorship M.Thangaiah,New No.17, Old No.6, A.Subramaniayaswamy Kovil Street, Kadaiyanallur, Thenkasi District. ...Petitioner in W.P.No.29158 of 2024Vs.1.Government of Tamil Nadu,Rep. by its Principal Secretary,Adi Dravidar and Tribal Welfare Department,Secretariat, Chennai – 600 009.2.The Managing Director, Tamil Nadu Adi Dravidar Housing Development Corporation Ltd.,Chennai – 600 018.Page No.1 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.29154, 29156 & 29158 of 20243.The Managing Director, Tamil Nadu Industrial Investment Corporation Ltd.,Nandanam, Chennai – 600 035.4.The District Manager, Tamil Nadu Adi Dravidar,Housing Development Corporation Ltd.,Tiruppur District.5.The Executive Engineer, Tamil Nadu Adi Dravidar,Housing Development Corporation Ltd.,Chennai Division, Chennai – 600 018. ...Respondents in all W.P'sCOMMON PRAYER: Writ Petitions filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the 2nd respondent to consider and dispose of within a limited time-frame, the representations dated 14.09.2023, 02.02.2023 and 02.02.2023 respectively, to extent the benefits as was done in the 54 beneficiaries as per G.O.Ms.No.98 Adi Dravidar and Tribal Welfare (SCP) Department dated 29.09.2020 and consequently direct the 5th respondents to execute Sale Deed after settling dues outstanding in the name of the petitioners.In all W.P's:For Petitioner: Mr.J.MuthukumaranFor Respondents: Mr.V.Veluchamy, AGP, for R1: Mr.C.A.Ashok Kumar, For R2 to R5 COMMON ORDERSince the issue involved in all these Writ petitions are similar in nature, they are disposed of by way of this common order.Page No.2 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.29154, 29156 & 29158 of 20242. The petitioners have filed these Writ petitions seeking to direct the 2nd respondent to consider and dispose of the representations dated 14.09.2023, 02.02.2023 and 02.02.2023 made by the respective petitioners seeking to extent the benefits as was done in the 54 beneficiaries as per G.O.Ms.No.98 Adi Dravidar and Tribal Welfare (SCP) Department dated 29.09.2020 and to consequently direct the 5th respondent to execute Sale Deed after settling dues outstanding in the name of the respective petitioners.3. The case of the petitioners is that, for the upliftment of educated and unemployed persons belonging to Adi Dradvidar community by providing self employment to them, the scheme was formulated the 1st respondent, vide G.O.No.165, Adi Dravidar and Tribal Welfare (in short 'A.D. & T.W.'). Dated 15.07.1992, establishing two Industrial Estates at Ingur and Madalipalayam and for the purpose of implementing the said scheme, G.O.Ms.No.21 dated 01.02.1993 was issued constituting a selection committee in and by which, financial assistance was provided, for which, the 1st respondent was to give collateral security in the form of Government Guaranty. Pursuant to the same, vide G.O.Ms.No.137, ADW Department dated 24.07.1995 and G.O.Ms.No.209, ADW Department dated 01.12.1995, 100 persons were Page No.3 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.29154, 29156 & 29158 of 2024selected including the petitioners herein and as per the agreement with the TIIC Limited, out of the said 100 persons selected, 74 persons have shown their interest. Thereafter, in G.O.Ms.No.75, AD &TW dated 06.09.2000, 26 new beneficiaries were selected and were referred to TIIC limited and 20 persons were kept in waiting list. Inspite of the selection of the petitioners who fell within the said 26 persons, no loan was sanctioned to them. Therefore, the petitioners repeatedly gave representations, which evoked no response. Thereafter, G.O.Ms.No.96 was issued directing the beneficiaries to obtain loan from any bank or financial institution, for which, the petitioners applied for No Objection Certificate (in short 'NOC'). The petitioners were allotted shed Nos.108, 18 and 19 respectively, which are in dilapidated condition and as per the estimate, more than Ten Lakhs of rupees is required to repair the same, which the petitioners were not able to spend and without repairing the same, the petitioners could not commence the business venture. Therefore, the petitioners sent representations dated 14.09.2023, 02.02.2023 and 02.02.2023 respectively to the 1st respondent seeking to convert the lease agreement into sale deed as was done in the case of 54 persons and also to allot funds for repairing the alloted sheds. As there is no response forthcoming from the respondents, the present Writ Petitions have been filed. Page No.4 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.29154, 29156 & 29158 of 20244. Though very many grounds have been raised, the learned counsel for the petitioners submitted that, it would suffice if this Court issues direction to the 2nd respondent to consider the petitioners' representations dated 14.09.2023, 02.02.2023 and 02.02.2023 respectively and extent the benefits as was done in the 54 beneficiaries as per G.O.Ms.No.98 Adi Dravidar and Tribal Welfare (SCP) Department dated 29.09.2020 and to consequently direct the 5th respondent to execute Sale Deed after settling dues outstanding in the name of the respective petitioners, as expeditiously as possible.5. Learned counsel appearing on behalf of the respective respondents submitted that, appropriate orders will be passed on the petitioners' representations within the time stipulated by this Court.6. In view of the aforesaid submissions, this Court without going into the merits of the case directs the 2nd respondent to consider the petitioners' representations dated 14.09.2023, 02.02.2023 and 02.02.2023 respectively on merits and in accordance with law and pass appropriate orders within a Page No.5 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.29154, 29156 & 29158 of 2024period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioners and aggrieved persons, if any.7. With the above directions, these Writ Petitions stand disposed of. No costs. 14.10.2024sktNCC: Yes/NoIndex: Yes/NoSpeaking Order: Yes/NoNote to office: Issue order copy on 25.11.2024.To:1.Government of Tamil Nadu,Rep. by its Principal Secretary,Adi Dravidar and Tribal Welfare Department,Secretariat, Chennai – 600 009.2.The Managing Director, Tamil Nadu Adi Dravidar Housing Development Corporation Ltd.,Chennai – 600 018.3.The Managing Director, Tamil Nadu Industrial Investment Corporation Ltd.,Nandanam, Chennai – 600 035.Page No.6 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.29154, 29156 & 29158 of 20244.The District Manager, Tamil Nadu Adi Dravidar,Housing Development Corporation Ltd.,Tiruppur District.5.The Executive Engineer, Tamil Nadu Adi Dravidar,Housing Development Corporation Ltd.,Chennai Division, Chennai – 600 018. M.DHANDAPANI, J.sktPage No.7 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.29154, 29156 & 29158 of 2024 W.P.Nos.29154, 29156 & 29158 of 202414.10.2024Page No.8 of 8

W.P.Nos.29154, 29156 & 29158 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 14.10.2024CORAM : THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.29154, 29156 & 29158 of 2024M/s. Lilly Knitwear,Shop.No.108, Proprietorship Bharathi Babu,R.C.Pettipalayam, Pettaipalayam Post,Mohanur Via Namakkal District, Pin – 637 015. ...Petitioner in W.P.No.29154 of 2024M/s. MDK Knitwear,Shed.No.19, Proprietorship M.Duraiswamy, Melottivakkam Village, Murasavakkam Post,Kancheepuram District. ...Petitioner in W.P.No.29156 of 2024M/s. 5 Star Knittings,Shed.No.18, Proprietorship M.Thangaiah,New No.17, Old No.6, A.Subramaniayaswamy Kovil Street, Kadaiyanallur, Thenkasi District. ...Petitioner in W.P.No.29158 of 2024Vs.1.Government of Tamil Nadu,Rep. by its Principal Secretary,Adi Dravidar and Tribal Welfare Department,Secretariat, Chennai – 600 009.2.The Managing Director, Tamil Nadu Adi Dravidar Housing Development Corporation Ltd.,Chennai – 600 018.Page No.1 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.29154, 29156 & 29158 of 20243.The Managing Director, Tamil Nadu Industrial Investment Corporation Ltd.,Nandanam, Chennai – 600 035.4.The District Manager, Tamil Nadu Adi Dravidar,Housing Development Corporation Ltd.,Tiruppur District.5.The Executive Engineer, Tamil Nadu Adi Dravidar,Housing Development Corporation Ltd.,Chennai Division, Chennai – 600 018. ...Respondents in all W.P'sCOMMON PRAYER: Writ Petitions filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the 2nd respondent to consider and dispose of within a limited time-frame, the representations dated 14.09.2023, 02.02.2023 and 02.02.2023 respectively, to extent the benefits as was done in the 54 beneficiaries as per G.O.Ms.No.98 Adi Dravidar and Tribal Welfare (SCP) Department dated 29.09.2020 and consequently direct the 5th respondents to execute Sale Deed after settling dues outstanding in the name of the petitioners.In all W.P's:For Petitioner: Mr.J.MuthukumaranFor Respondents: Mr.V.Veluchamy, AGP, for R1: Mr.C.A.Ashok Kumar, For R2 to R5 COMMON ORDERSince the issue involved in all these Writ petitions are similar in nature, they are disposed of by way of this common order.Page No.2 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.29154, 29156 & 29158 of 20242. The petitioners have filed these Writ petitions seeking to direct the 2nd respondent to consider and dispose of the representations dated 14.09.2023, 02.02.2023 and 02.02.2023 made by the respective petitioners seeking to extent the benefits as was done in the 54 beneficiaries as per G.O.Ms.No.98 Adi Dravidar and Tribal Welfare (SCP) Department dated 29.09.2020 and to consequently direct the 5th respondent to execute Sale Deed after settling dues outstanding in the name of the respective petitioners.3. The case of the petitioners is that, for the upliftment of educated and unemployed persons belonging to Adi Dradvidar community by providing self employment to them, the scheme was formulated the 1st respondent, vide G.O.No.165, Adi Dravidar and Tribal Welfare (in short 'A.D. & T.W.'). Dated 15.07.1992, establishing two Industrial Estates at Ingur and Madalipalayam and for the purpose of implementing the said scheme, G.O.Ms.No.21 dated 01.02.1993 was issued constituting a selection committee in and by which, financial assistance was provided, for which, the 1st respondent was to give collateral security in the form of Government Guaranty. Pursuant to the same, vide G.O.Ms.No.137, ADW Department dated 24.07.1995 and G.O.Ms.No.209, ADW Department dated 01.12.1995, 100 persons were Page No.3 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.29154, 29156 & 29158 of 2024selected including the petitioners herein and as per the agreement with the TIIC Limited, out of the said 100 persons selected, 74 persons have shown their interest. Thereafter, in G.O.Ms.No.75, AD &TW dated 06.09.2000, 26 new beneficiaries were selected and were referred to TIIC limited and 20 persons were kept in waiting list. Inspite of the selection of the petitioners who fell within the said 26 persons, no loan was sanctioned to them. Therefore, the petitioners repeatedly gave representations, which evoked no response. Thereafter, G.O.Ms.No.96 was issued directing the beneficiaries to obtain loan from any bank or financial institution, for which, the petitioners applied for No Objection Certificate (in short 'NOC'). The petitioners were allotted shed Nos.108, 18 and 19 respectively, which are in dilapidated condition and as per the estimate, more than Ten Lakhs of rupees is required to repair the same, which the petitioners were not able to spend and without repairing the same, the petitioners could not commence the business venture. Therefore, the petitioners sent representations dated 14.09.2023, 02.02.2023 and 02.02.2023 respectively to the 1st respondent seeking to convert the lease agreement into sale deed as was done in the case of 54 persons and also to allot funds for repairing the alloted sheds. As there is no response forthcoming from the respondents, the present Writ Petitions have been filed. Page No.4 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.29154, 29156 & 29158 of 20244. Though very many grounds have been raised, the learned counsel for the petitioners submitted that, it would suffice if this Court issues direction to the 2nd respondent to consider the petitioners' representations dated 14.09.2023, 02.02.2023 and 02.02.2023 respectively and extent the benefits as was done in the 54 beneficiaries as per G.O.Ms.No.98 Adi Dravidar and Tribal Welfare (SCP) Department dated 29.09.2020 and to consequently direct the 5th respondent to execute Sale Deed after settling dues outstanding in the name of the respective petitioners, as expeditiously as possible.5. Learned counsel appearing on behalf of the respective respondents submitted that, appropriate orders will be passed on the petitioners' representations within the time stipulated by this Court.6. In view of the aforesaid submissions, this Court without going into the merits of the case directs the 2nd respondent to consider the petitioners' representations dated 14.09.2023, 02.02.2023 and 02.02.2023 respectively on merits and in accordance with law and pass appropriate orders within a Page No.5 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.29154, 29156 & 29158 of 2024period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioners and aggrieved persons, if any.7. With the above directions, these Writ Petitions stand disposed of. No costs. 14.10.2024sktNCC: Yes/NoIndex: Yes/NoSpeaking Order: Yes/NoNote to office: Issue order copy on 25.11.2024.To:1.Government of Tamil Nadu,Rep. by its Principal Secretary,Adi Dravidar and Tribal Welfare Department,Secretariat, Chennai – 600 009.2.The Managing Director, Tamil Nadu Adi Dravidar Housing Development Corporation Ltd.,Chennai – 600 018.3.The Managing Director, Tamil Nadu Industrial Investment Corporation Ltd.,Nandanam, Chennai – 600 035.Page No.6 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.29154, 29156 & 29158 of 20244.The District Manager, Tamil Nadu Adi Dravidar,Housing Development Corporation Ltd.,Tiruppur District.5.The Executive Engineer, Tamil Nadu Adi Dravidar,Housing Development Corporation Ltd.,Chennai Division, Chennai – 600 018. M.DHANDAPANI, J.sktPage No.7 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.29154, 29156 & 29158 of 2024 W.P.Nos.29154, 29156 & 29158 of 202414.10.2024Page No.8 of 8