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2024 Supreme(Mad) 824

SANJAY V. GANGAPURWALA, D. BHARATHA CHAKRAVARTHY
JCBL Marrel Tippers Pvt. Ltd. , Rep. by its Authorised Signatory, Mani Sundaram, Sriperumbudur – Appellant
Versus
Managing Director, State Industries Promotion Corporation of Tamilnadu Ltd, Egmore – Respondent


Advocates:
Advocate Appeared:
For the Appellant :V.P. Sengottuvel, Senior Counsel, Krishna Ravindran, Advocate For the Respondent: Abishek Murthy, Stdg. Counsel

JUDGMENT :

SANJAY V. GANGAPURWALA, J.

(Prayer: Writ appeal filed under Clause 15 of the Letters Patent against the order of the learned Single Judge dated 24.09.2021 passed in W.P.No.4131 of 2021.)

1. We have heard Mr.V.P.Sengottuvel, learned counsel for the appellant and Mr.Abishek Murthy, learned standing counsel for the respondents.

2. The present appellant had filed the writ petition challenging the communication dated 21.01.2021. Under the said communication, the SIPCOT alleged that the petitioner has not completed the project within the prescribed period. The said default amounts to non-observance and breach of conditions of Lease Deed and non-compliance of the terms of Allotment Order/Lease Deed. Under the said communication, the petitioner was directed to show cause as to why the allotment of the plot should not be cancelled and/or to resume the land.

3. The writ petition filed by the petitioner was dismissed under the impugned order by the learned Single Judge.

4. The learned senior advocate for the appellant submits that there is no power to impose/levy penalty. The non-completion of the project was because of force majeure. It is submitted that the allotment letter was issued

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