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Madras High CourtWP/21038/2010dismissed as infructuous

R.Raja (Deceased) v. Tamilnadu Civil Supplies

2022-12-02Honourable Mrs Justice N. Mala5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

ORDERS RESERVED ON : 18.10.2022 ORDERS PRONOUNCED ON : 02.12.2022

CORAM:

THE HON'BLE MRS.JUSTICE.N.MALA and W.M.P.No.1 of 2010 1.P.Raja (Deceased) 2.Janeswari. R 3.Surekaraj. R 4.Mullaivannan. R ... Petitioners (P2 and P4 substituted as Lrs of deceased Sole petitioner vide Order dated 18.02.2021 made in WMP.No.2366 of 2021 in W.P.No.21038 of 2010) vs.

1.Tamil Nadu Civil Supplies Corporation, Represented by its Managing Director, No.12, Thambusamy Road, Kilpauk, Chennai - 600 010.

2.The Senior Regional Manager, Chennai North Region, Tamil Nadu Civil Supplies Corporation, Conron Smith Road, Gopalapuram, Chennai - 600 086.

... Respondents 1/5

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring the action of the respondents in ordering recovery of a sum of Rs.6,47,504.10ps from the petitioner, as evident from the proceedings of the second respondent dated 28.08.2010, bearing ref : Rc No.E3/9289/2010 and various recovery orders served on the petitioner in-respect of individual items as illegal and pass such further or other orders.

For Petitioners : Mr.R.Saravanan For Respondents : Mr.S.Ramachandran, Standing Counsel * * * * *

O R D E R

This Writ Petition is filed to issue a Writ of Declaration, declaring the action of the respondents in ordering recovery of a sum of Rs.6,47,504.10ps from the petitioner, as evident from the proceedings of the second respondent dated 28.08.2010, bearing ref : Rc No.E3/9289/2010 and various recovery orders served on the petitioner in-respect of individual items as illegal and pass such further or other orders.

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2.The writ petition was listed on 30.11.2022, under the caption "for clarification". At request of both the learned counsel the matter is posted today under the caption "for clarification". Today, when the matter is called both the learned counsel appeared and submitted that due to the subsequent developments nothing survives for adjudication in the writ petition. 3.Recording the submission made by both the learned counsel, the Writ Petition is dismissed as infructuous. However there shall be no order as to cost. Consequently, the connected miscellaneous petition stands closed. 02.12.2022 Index : Yes / No Internet : Yes / No ah 3/5

To 1.Managing Director, Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai - 600 010.

2.The Senior Regional Manager, Chennai North Region, Tamil Nadu Civil Supplies Corporation, Conron Smith Road, Gopalapuram, Chennai - 600 086.

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N.MALA, J.

ah Pre-DELIVERY ORDER in 02.12.2022 5/5