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Madras High Court · body

2011 DIGILAW 629 (MAD)

Gee Yem Industries represented by its Managing Partner, Mrs. B. Gomathi v. The Chairman and Managing Director

2011-02-07

M.JAICHANDREN

body2011
Judgment :- 1. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that the petitioner could not construct the building in the plot allotted to the petitioner and commence production, as specified by the first respondent, for the reason that the 'No Objection Certificate' and the 'Building Plan Approval' could not be obtained because of the undue delay caused by the second respondent, even though the request for the grant of the 'No Objection Certificate' had been submitted, on 06.02.2008, with the prescribed fee. He had also submitted that the petitioner had paid the necessary penalty charges for the delay in the commencement of the production. 3. The learned counsel appearing on behalf of the respondents had submitted that the petitioner had not complied with the conditions of allotment of the Plot in question. Therefore, penalty charges had been levied on the petitioner. In spite of the extensions of time granted for the completion of the building and for the commencement of the production, the petitioner had not complied with the same. 4. In view of the submissions made by the learned counsel appearing on behalf of the petitioner, as well as the respondents, this Court finds it appropriate to set aside the impugned order of the first respondent, dated 12.01.2011. The petitioner is directed to pay a sum of Rs.20,000/- as penalty, within fifteen days from today. On payment of the said amount, the first respondent shall issue the 'No Objection Certificate' to the petitioner, within fifteen days thereafter. The petitioner shall complete the building, within six months from the date of receipt of the 'No Objection Certificate' from the first respondent and the petitioner shall commence the production, within a further period of three months thereafter. The writ petition is ordered accordingly. No costs. Consequently, connected Miscellaneous Petitions are closed.