STATE INDUSTRIES PROMOTION CORPORATION OF TAMIL NADU LTD. AND ANOTHER Vs. TUTICORIN SIPCOT INDUSTRIALIST ASSOCIATION (40/95)

JUDGEMENT

(1.) The appellants are the respondents in W.P.(MD).No.8928 of 2005 filed by the respondent herein/writ petitioner. The respondent herein/writ petitioner made a challenge to the Circular No.38 of 2001, dated 18.09.2001, issued by the first appellant herein and vide order dated 23.11.2010, passed in the said writ petition, it was allowed and the consequential order of the second appellant herein dated 24.05.2005, came to be quashed and challenging the legality of the same, the respondents in the writ petition had filed this writ appeal.

(2.) The learned counsel appearing for the appellants has drawn the attention of this Court to the Agreement for Sinking of Bore-well, as well as the impugned Circular dated 18.09.2001, issued by the first appellant and would submit that though the learned Judge has sustained the said circular, has quashed only the consequential proceedings of the second appellant, dated 24.05.2005 and further invited the attention of this Court to Paragraph No.7 of the counter affidavit filed in support of the writ petition and would submit that as per the conditions, the allottees should draw the water from SIPCOT source, only after improving the water supply and even after getting sufficient water supply, the allottees are enjoying or drawing water from the bore-well till date and refused to close the bore-well and as such, they have to pay 50% of the prevailing cost and the said aspect has not been taken into consideration by the learned Judge, while allowing the writ petition and prays for interference.

(3.) The respondent/writ petitioner has been served and their name appears in the cause list and however, there is no representation on their behalf.