A statutory body must fulfill its contractual obligations; failure to do so entitles the petitioner to a full refund, and writ petitions concerning contractual disputes with state instrumentalities are maintainable.

ORDER

This Writ Petition is directed against the order, dated 11.01.2021 passed by the second respondent in No. KMT/SP/SVG/LOP/SCN/01/2020-21 and for direction to the second respondent to return the entire amount of Rs.20,10,000/- paid by the petitioner together with interest in lieu of cancellation of allotment/registration of plots Nos.33, 34, 35 and 36 at Spices Park, Sivagangai District.

2. The Spices Board, constituted under the Spices Board Act , 1986 is a statutory Commodity Board functioning under the Ministry of Commerce and Industry. It is an autonomous body responsible for the export promotion of 52 scheduled spices and development of Cardamom (small and large). The Board is an international link between the Indian exporters and the importers abroad and is an exclusive board to promote, monitor and to develop the production of spices in India and to facilitate the import activities to abroad.

3. It is not in dispute that as requested by the board, the Tamil Nadu Government has allotted an extent of 75 acres of land in Kottagudi Village in Sivagangai District for establishing Spices Park and out of total extent of 75 acres of land, 25 acres of land were utilized by the Board for constructing common infrastructure facilities including road, drains and uninterrupted power and water supply, canteen etc., and the remaining land was demarcated into plots for leasing out to exporters of spices for establishing their own spice processing units in the park and that the Board had invited Expression of Interest (EoI) from prospective investors for establishing Spice processing units in the Spices Park.

4. The factual aspects not in dispute are :

(i) - The petitioner company sent EOI to the second respondent in respect of three plots in Plot Nos.33, 34 and 35.

(ii) 14.03.2012 Allotment order was given by the second respondent, allotting the Plot Nos.33, 34 and 35 to the petitioner demanding payment of Rs.13,43,000/- to be payable on or before 18.04.2012.

(iii) 04.06.2012 The petitioner company requested extension of time for payment. The second respondent has extended the time for making payments by three months.

(iv) 16.08.2012 Entire payment was made by the petitioner company.

(v) 06.10.2013 Spices Park at Sivagangai was inaugurated.

(vi) - The petitioner company has requested to allot one more plot No.36.

(vii) 16.09.2013 Expression of interest was given by the petitioner for Plot No.36 along with payment of Rs.5,00,000/- and Rs.1,000/-

(viii) 23.09.2013 The second respondent directed the petitioner company to pay a sum of Rs.70,140/- being the balance amount to process the allotment of Plot No.36.

(ix) 01.10.2013 Payment of Rs.70,140/- as demanded by the second respondent was paid.

(x) 20.05.2014 Unregistered lease deed executed by the second respondent in favour of the petitioner.

(xi) 24.05.2014 Communication sent by the petitioner, after signing the unregistered lease deed and returning the same to the second respondent.

(xii) 28.06.2014 Communication sent by the second respondent in respect of registration of lease deed.

(xiii) 19.11.2014 Lease deed was registered in Document No.4948/2014.

(xiv) 11.04.2015 Invitation sent by the petitioner to the second respondent for Boomi Pooja scheduled on 23.04.2015 and requesting them to provide water facility for construction.

(xv) 04.06.2015 No objection certificate issued by the Fire and Safety Department, Sivagangai.

(xvi) 12.02.2020 Communication sent by the second respondent stating that the DTCP approval was granted on 19.07.2019.

(xvii) 08.07.2020 Show cause notice issued by the second respondent to the petitioner as to why the