IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR

W.P. No.30124 of 2013

Carborundum Universal Ltd.,

Rep. by its Senior Manager – Legal,

Parry House, 43, Moore Street,

Chennai – 600 001.

.. Petitioner

Vs

1.Chennai Metropolitan Development Authority,

Rep. by its Member Secretary,

No.1, Gandhi Irwin Road,

Egmore, Chennai – 600 008.

2.The Chief Executive Officer,

Chennai Metropolitan Development Authority,

No.1, Gandhi Irwin Road,

Egmore, Chennai – 600 008.

.. Respondents

Writ Petition filed under Article 226 of the Constitution

of India, praying to issue a Writ of Certiorarified Mandamus

calling for the file of the 2nd respondent leading to the

letter No. AL/10/4322/2008 dated 14.1.2011 as confirmed by the

second respondent in its communication dated 29.7.2013 and

quash the same consequently direct the respondents to execute

a Sale Deed in favour of the petitioner herein in respect of

Plot Nos.C4 and C5 in the CMDA Industrial Complex at

Maraimalai Nagar, Chengalpattu Taluk in Kancheepuram District

without imposing any claim or condition given a right

preemption to purchase the plots at the original cost or

obtaining NOC for sale of plots as stipulated in clause 18 of

the draft sale deed furnished by the Second Respondent.

For Petitioner

: Mr. S.Raghunathan

for B.Giridhara Rao

For Respondents

: Mr. P.S.Ganesh

O R D E R

This writ petition is filed for issuing a writ of

Certiorarified Mandamus calling for the file of the 2nd

respondent leading to the letter No. AL/10/4322/2008 dated

14.1.2011, and quash the same and to direct the respondents

to execute a Sale Deed in favour of the petitioner herein in

respect of Plot Nos.C4 and C5 in the CMDA Industrial Complex

at Maraimalai Nagar, Chengalpattu Taluk in Kancheepuram

District, without imposing any claim or condition giving a

https://hcservices.ecourts.gov.in/hcservices/

right of preemption to purchase the plots at the original cost

or obtaining NOC for sale of plots as stipulated in clause 18

of the draft sale deed furnished by the Second Respondent.

2. Brief facts that are set out in the affidavit filed in

support of this petition are as follows:

The petitioner is a public limited company and engaged in

the business of manufacture of bonded and coated abrasives.

Originally the first respondent acquired a large tract of

lands to an extent of about 600 acres situated at four

different villages. After acquiring the lands, the first

respondent laid out the entire property into various plots for

industrial use besides setting out of lands for the purpose of

laying roads, drains and other common purposes by way of

implementing a scheme which was framed to promote industries

and to generate employment. It is admitted that the first

respondent alloted plot No.C4 and C5 in CMDA industrial

complex at Maraimalai Nagar to M/s. Cutfast Bonded Abrasives

Pvt. Limited, the predecessor in interest of the petitioner.

The allotment of plot was pursuant to the application that was

submitted by the erstwhile company in 1979. The original

allottee was using the plots for their manufacturing

activities. Unfortunately M/s. Cutfast Bonded Abrasives Pvt.

Limited was amalgamated with another company known as M/s.

Cutfast Abrasives Tools Limited, under the scheme of

amalgamation. As per the terms of amalgamation it is stated

that all the assets of property of M/s. Cutfast Abrasives

Tools Limited stood transferred and vested with the petitioner

company pursuant to the order of this Court passed in C.P.

No.99 and 98 and C.P. No.103 of 1990. Since the properties of

the erstwhile company vest with the petitioner's company, the

petitioner approached the first respondent for transfer of

allotment of two plots which were o