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2006 DIGILAW 408 (MAD)

S. R. Eradha v. The Managing Director The Tamilnadu Industrial Investment Corporation Ltd. , & Another

2006-02-17

P.SATHASIVAM

body2006
Judgment :- (Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorari as stated therein.) The petitioner by name S.R. Eradha, former Chairman of the Tamil Nadu Industrial Investment Corporation Ltd., has filed the above writ petition, questioning the proceedings of the second respondent, Branch Manager, The Tamil Nadu Industrial Investment Corporation Ltd., Thanjavur dated 17.12.2003. 2. Heard the learned counsel for the petitioner as well as the respondents. 3. Though several contentions have been raised with reference to the impugned proceedings and in the light of the order to be passed hereunder, it is unnecessary for me to refer all the factual matrix. The learned counsel appearing for the petitioner submitted that, before approaching this Court, the petitioner has paid a sum of Rs.4 lakhs and after filing of the writ petition has deposited another sum of Rs.5 lakhs, for grant of stay. According to the learned counsel, altogether the petitioner has deposited a sum of Rs.9 lakhs. In the course of hearing, the learned standing counsel appearing for the Tamil Nadu Industrial Investment Corporation Ltd., informed this Court that even today One Time Settlement Scheme is available and applicable to the petitioner. According to him, if the petitioner is interested in getting benefit from the respondents, he may be directed to avail the same. 4. In the light of the above statement of in view of the fact that the grievance of the petitioner cannot be gone into by this Court by exercising jurisdiction under Article 226 of the Constitution of India as an appellate forum, I am of the view that it is for the petitioner to avail the said opportunity. Accordingly, the petitioner is granted two weeks time from the date of receipt of copy of this order to file a representation to the first respondent, highlighting his grievance, including the relief under the existing One Time Settlement Scheme along with Demand Draft for a sum of Rs.5 lakhs. If any such representation is made within the time enclosing the Demand Draft for Rs.5 lakhs, the first respondent is directed to consider the same with reference to any Scheme applicable to him. If any such representation is made within the time enclosing the Demand Draft for Rs.5 lakhs, the first respondent is directed to consider the same with reference to any Scheme applicable to him. Inasmuch as the petitioner being none else than the former Chairman of the very same Tamil Nadu Industrial Investment Corporation Ltd., and earned good reputation while functioning as Chairman, the petitioner is duty bound to settle the dues. Equally, this Court hopes that the first respondent will consider the grievance of the petitioner sympathetically and if any Scheme is applicable to him, the same may be applied and necessary relief be granted. With the above observation, this petition is disposed of. No costs. Consequently, connected WPMP., is closed.