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2006 DIGILAW 334 (MAD)

B. Gowdappa v. The Tamil Nadu Industrial Investment Corporation Ltd. & Others

2006-02-11

P.SATHASIVAM

body2006
Judgment :- (Petition under Article 226 of The Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the second respondent in Ref.TIIC/SLM-SRB/LAO-HSR/2003-04 dated 19.11.2003 and quash the same as illegal, incompetent and without jurisdiction and to direct the respondents to extend the benefit of the non-discretionary and non-discriminatory scheme to the petitioner and for consequential orders.) Aggrieved by the order dated 19.11.2003 of the second respondent, the petitioner has approached this Court to quash the same and issue direction to the respondents to extend the benefits of non-discretionary and non-discriminatory scheme to the petitioner and for consequential orders. 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 placed the status report which shows that as on date, the petitioner is liable to pay Rs.49.67 lakhs. No doubt, the learned counsel appearing for the petitioner is disputing the above amount and according to her, as per the direction of this Court dated 04.01.2005, the petitioner has deposited further amount of Rs.2,00,000/- in addition to the amounts paid earlier. 4. Taking note of the above statement and of the fact that regular one time settlement scheme is available as on date, I am of the view that the grievance of the petitioner cannot be gone into by this Court by going into the merits. However, the petitioner is free to make a representation to the first respondent 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 intimate the same to the petitioner. 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.