Madras High CourtWP/498/2020disposed of

Mrs.Amutha Subramanian v. The Managing Director

2020-02-03Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.02.2020

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.No.498 of 2020 Amutha Subramanian .. Petitioner ..Vs..

1. The Managing Director, Tamil Nadu Tea Plantation Corporation, Head Office, Connoor 643 001, Nilgiris District.

2. The Divisional Manager, (Sales and Marketing) Tamil Nadu Tea Plantation Corporation Ltd., Coonoor 643 001, Nilgiris District.

3. The Block Development Officer, Pollachi (North), Coimbatore District.

4. The District Forest Officer, Tiruvannamalai.

5. The Assistant Manager/Liaison Officer, Tamil nadu Tea Plantation Corporation Ltd., No.49, Veerabadran Street, Nungambakkam, Chennai - 34.

..Respondents PRAYER :

Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner representation dated 26.02.2018 and 20.11.2019 to continue the dealership of TANTEA products for sale at Tiruvannamalai. For Petitioner : Mr.T.Dharani For Respondents : Mr.D.Raghu, Government Advocate, R3 & R4 Mr.Mani Gopi, Standing Counsel R1, R2 & R5

O R D E R

A representation has been given by the petitioner on 26.02.2018 and again on 20.11.2019 seeking continuation of the dealership of Tamil Nadu Tea Plantation Corporation Ltd., (TANTEA) products for sale at Tiruvannamali.

2. The petitioner had applied for dealership of TANTEAD products in the year 1999 and had been running the said business in the private rented premises. Subsequently, he had submitted a representation dated 30.03.2004 to the Tamil Nadu Tea Plantation Corporation Ltd., to grant dealership for quality TANTEA products.

3. The Assistant Manager, Tamil Nadu Tea Plantation Corporation Ltd., Chennai - 34 addressed a letter dated 06.04.2004 to the District Forest Officer, Tiruvannamali District and requested to allot a space for the petitioner.

4. The District Forest Office had imposed certain conditions and thereafter a bunk shop was opened on 16.04.2004. The petitioner claims to be a dealer of TANTEA from that date and as renewed his dealership.

5. The petitioner unfortunately, felt sick due to loss of cervical lordosis, loss of hydration of Cervical disc and Bulging disc at C4/C5 and C5/C6 with identification of thecal Sac and therefore in view of the same, he was not able to sit and undergo treatment. He had to depend on other persons for sales in the bunk shop. Thereafter, he had given a representation for renewal of dealership for the year 2014 -2015. Various conditions were imposed on the petitioner.

6. It is stated that the Manager found fault with the petitioner for the sale of the products. The petitioner claims that the 2nd respondent had cancelled the dealership by an order dated 14.02.2004. As against the said order, the petitioner had sent a representation on 20.11.2019 to the 1st respondent namely the Managing Director, Tamil Nadu Tea Plantation Corporation Ltd., Head Office, Connoor 643 001, Nilgiris District.

7. Heard Mr.T.Dharani, learned counsel for the petitioner and Mr.D.Raghu, learned counsel Government Advocate for respondents.

8. Considering the facts and circumstances of the case, a direction is issued to the 1st respondent to issue notice to the petitioner, calling him for an enquiry, and pass detailed orders on the representation of the petitioner on or before 31.03.2020.

9. With the above observation, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vum To