W.P.[MD].No.22335 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON: 11.01.2022

DELIVERED ON: 25.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN

W.P.[MD].No.22335 of 2021

W.M.P.[MD].Nos.18896 & 18897 of 2021

M.Sunitha

... Petitioner

Vs.

The Branch Manager,

Tamil Nadu Small Industries Corporation Limited,

SIDCO Pettai,

Tirunelveli District.

...Respondent

PRAYER : Writ Petition is filed under Article 226 of the

Constitution of India to issue a Writ of Certiorarified Mandamus,

calling for the records relating to the impugned notice issued by

the respondent vide Na.Ka.No.403/A/2021 dated 07.12.2021 and quash

the same as illegal and consequently, direct the respondent not to

interfere the business activities of the petitioner in the name of

Ayya Aqua in the plot No.12 of Nagercoil Industrial Estate situate

in Re.Sy.No.J-1-20 of Nagercoil Village.

For Petitioner : Mr.K.P.Narayana Kumar

For Respondent : Mr.T.Sakthi Kumaran

O R D E R

This Writ Petition has been filed in the nature of

Certiorarified Mandamus seeking interference with a notice issued by

the respondent/Branch Manager, Tamil Nadu Small Industries

Corporation

Limited,

Tirunelveli,

dated

07.12.2021

in

Na.Ka.No.403/A/2021 and directing the said respondent not to

interfere with the business activities of the petitioner.

2. The petitioner, M.Sunitha, claiming to be the owner of the

property situated at Old Survey No.2713, Re-survey No.J-1-20 in

Nagercoil Village, Vadakukonam Industrial Estate measuring 15.50

cents, has filed the present writ petition seeking protection of her

business activities in the name of Ayya Aqua being run at the

aforesaid Industrial Estate.

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W.P.[MD].No.22335 of 2021

3. She stated that she purchased the said property on

12.02.2005 from Krishna Kumar, Proprietor of Vijay Marine Products

by a registered sale deed bearing Document No.395 of 2005 registered

in the office of Sub-Register, Nagercoil on 12.02.2005. She also

claimed that she had obtained Patta No.8770 in her name. Her vendor

namely Krishna Kumar had purchased the property from the respondent

on 19.01.1993 vide Document No.106/93. There was a condition that he

should not deal with the property for a period of five years and

after that, if he were to deal with the property, he should inform

the respondent.

4. The petitioner had purchased the property in 2005, after 12

years. She obtained permission from Nagercoil Municipality to

construct a building for industrial purposes. She started a business

in plastic pipes. In 2016, she started a small level Aqua water Unit

in the name of Ayya Aqua and installed machineries. She drew raw

ground water, purified the same and packaged them in bottles. She

obtained necessary permission for drawing the ground water from the

Water Resources Department. She also obtained certificate from the

Bureau of Indian Standards Institution. The water was also tested by

an Authorised Laboratory. She has been conducing such business for

the past six years.

5. On 10.02.2021, the officials of the respondent pasted the

impugned notice in the Unit of the petitioner mentioning the name of

her vendor and further stating that permission had been granted only

to conduct fish net Unit, but the property had been sub-leased to

run Aqua Water Unit. It was stated that the petitioner should close

down the business by 15.02.2021, failing which, possession will be

taken. Questioning that particular notice, the present Writ Petition

has been filed.

6. Counter has been filed by the respondent, wherein, it had

been stated that when Nagercoil Industrial Estate had been developed

and plot No.12 was allotted to M/s.Kumar Industries, which was on

change of name called M/s.Vijay Marine Products. A sale deed was

also executed in 1993 in favour of M/s.Vijay Marine Products. Among

the conditions of the sale