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Madras High CourtWP/37670/2004allowed

The Management v. The Tahsildar

2019-04-25Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 25.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH WP.No.37670 of 2004 and WP.MP.No.4589 of 2006 in WP.MP.No.45175 of 2004 The Management, G.1683, Pukkadurai Primary Agricultural Co.Op. Bank, Rep. by its Special Officer, Palamathur.

...Petitioner

Vs

1. The Tahsildar, Madurantakam,

2. The Assistant Commissioner of Labour II, Teynampet, Chennai.

3. A.L.Sekar

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorari calling for the records of the second respondent relating to P.S.A.No.30 dated 06.08.2003 and consequent notice issued by the first respondent in Na.Ka.25442 of 2004 dated 28.04.2004 and quash the same.

For Petitioner : Mr.M.Jawahar For Respondents: Mr.S.Suresh Kumar, GA for R1 & R2 No Appearance for R3

O R D E R

The order under challenge in the present writ petition is to a recovery order dated 06.08.2003 made under the Revenue Recovery Act.

2. The learned counsel for the petitioner submitted that https://hcservices.ecourts.gov.in/hcservices/

pending the writ petition, on 10.10.2007, the amount sought to be recovered from the subsistence allowance was paid in full to the respondents and in support of such a contention, the learned counsel for the petitioner produced a copy of the letter dated 10.10.2007 duly acknowledged by the petitioner herein. In view of the same, the recovery need not be pursued with.

3. Recording the submission of the learned counsel for the petitioner, the order dated 06.08.2003 passed by the second respondent in P.S.A.No.30 of 2003, is set aside.

4. Accordingly, the writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CJ Conf) //True Copy// Sub Assistant Registrar hvk To

1. The Tahsildar, Madurantakam,

2. The Assistant Commissioner of Labour II, Teynampet, Chennai.

+1cc to Mr.M.Jawaharl, Advocate, S.R.No. 40312 +1cc to the Government Pleader, S.R.No. 40667 WP.No.37670 of 2004 and WP.MP.No.4589 of 2006 in WP.MP.No.45175 of 2004 NA(CO) GN(03/06/2019) https://hcservices.ecourts.gov.in/hcservices/