← Library
Madras High CourtWP/20044/2015withdrawn dismissed

Cuddalore District v. The Government Of Tamilnadu

2025-03-05Honourable Mr Justice M.Dhandapani12 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI M.P.Nos.2 and 3 of 2015 Cuddalore District Sumaipaniyalar Sangam (Reg.No.106/CDR-Affiliated to CITU) Rep.by its President, N.Murugan, S.N.Ninaivagam, No.89, Lawrence Road, Cuddalore-607 002.

... Petitioner Vs.

1. The Government of Tamil Nadu, Rep.by its Secretary, Labour and Employment Department, Fort St.George, Secretariat, Chennai-600 009.

2.The Government of Tamil Nadu, Rep.by its Secretary, Agricultural Marketing Department, Fort St.George, Secretariat, Chennai-600 009.

3.Tamil Nadu State Agricultural Marketing Board, Rep.by its Commissioner/Director, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai-600 032.

4.The Revenue Divisional Officer, Virudachalam Taluk, Cuddalore District.

5.Cuddalore Marketing Committee, Rep.by its Secretary, No.1, Judge Bangalow Road, Post Box No.3, Cuddalore-607 001.

6.A.Settu @ Balamurugan ... Respondents (*R6 is impleaded vide order dated 05.03.2025 made in W.M.P.No.21902 of 2018 in W.P.No.20044 of 2015*) PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings in Ka.No.E1/209/2014 dated 15.06.2015 of the fifth respondent insofar as the appointment of fresh weighmen in the marketing committee, Virudhachalam and quash the same and to consequently, direct the respondents to renew the license of 14 members of the petitioner association, namely, V.Mani, V.Virudhagiri, M.Arumugam, V.Arumugam, P.Subramanian, S.Murugan, R.Selvaraj, M.Elumalai, R.Velayutham, A.Manohar, V.Arumugam, T.Kolanchinathan, A.Marimuthu, V.Saravanan and to issue license to 41 members of the petitioner Association, namely, R.Sivanantham, P.Arul, S.Selvaraj, S.Kulachi, M.S.Kulachi, V.Ramaiah, M.Rajendran, A.Murugan, P.Kuppuswamy, S.Suresh, K.Balasubramanian, K.Veeramuthu,

G.Arumugam, V.Palanivel, V.Palani, O.S.Kulachi, K.Raja, K.Murugaian, G.Ganesan, S.Paramasivam, N.Thirumurthy, P.Jeyakumar, S.Panidan, A.Manikandan, P.Vinod, T.Elumalai, T.Velu, K.Sivakumar, K.Muthuvel, V.Murugan, S.Dinesh, K.Prabhu, A.Murugan, G.Anjalai, A.Selvi, A.Devaki, A.Nadhayie, C.Pushpalatha, R.Mariammal, M.Alamelu and G.Maheshwari, who are serving the fifth respondent Marketing Committee for decades together, as per the provision available under Section 8(1) of the Tamil Nadu Agricultural Produce Marketing Committee (Regulations)Act, 1987. For Petitioner : Mr.R.Gopinath For Respondents : Mr.K.Surendran Additional Government Pleader for R1 to R4 Mr.V.Jayaprakash Narayanan for R5

O R D E R

Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner seeks permission of this Court to withdraw this petition. He has also made an endorsement to that effect.

2. Recording the said submission made by the learned counsel for the petitioner, this Writ Petition is dismissed as withdrawn with liberty to the petitioner to work out their remedy in the manner known to law. No costs. Connected miscellaneous petitions are closed. 05.03.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb To

1. The Government of Tamil Nadu, Rep.by its Secretary, Labour and Employment Department, Fort St.George, Secretariat, Chennai-600 009.

2.The Government of Tamil Nadu, Rep.by its Secretary, Agricultural Marketing Department, Fort St.George, Secretariat, Chennai-600 009.

3.Tamil Nadu State Agricultural Marketing Board, Rep.by its Commissioner/Director,

Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai-600 032.

4.The Revenue Divisional Officer, Virudachalam Taluk, Cuddalore District.

5.Cuddalore Marketing Committee, Rep.by its Secretary, No.1, Judge Bangalow Road, Post Box No.3, Cuddalore-607 001.

M.DHANDAPANI,J.

ssb 05.03.2025

M.DHANDAPANI, J.

This matter is listed today under the caption "for being mentioned" at the instance of the Registry.

2. Inadvertently, instead of closing the impleading petition in W.M.P.No.21902 of 2018, the same was wrongly ordered on 05.03.2025. Hence, the impleading petition in W.M.P.No.21902 of 2018 is closed.

3. Registry is directed to carry out necessary correction in the order dated 05.03.2025 and issue fresh order copy to the parties. 25.03.2025 ssb

M.DHANDAPANI, J.

ssb 25.03.2025

M.DHANDAPANI, J.

The matter is listed today under the caption "for being mentioned".

2. It is brought to the notice of this Court by the Registry that in paragraph No.2 of the order dated 25.03.2025, it has been noted that W.M.P.No.21902 of 2018 was wrongly ordered, however, no order has been placed in the bundle and therefore, the Registry has sought for clarification.

3. This Court has perused the order dated 25.03.2025 as well as the original order dated 05.03.2025 and finds that the impleading petition was closed and it was not ordered. However, erroneously, in the order dated 05.03.2025, in the cause title, the respondent No.6 was shown to have been impleaded though no such order was passed. Further, in the being mentioned order dated 25.3.2025, in paragraph No.2 a recording has been

made that the impleading petition was wrongly ordered, but there is no clarity in the same. Therefore, it is made clear that no order was passed in the impleading petition in W.M.P.No.21902 of 2018 and the erroneous entry made in the cause title shall be deleted.

`4. Further, the impleading petition in WMP No.21902/2018 has not been closed. Accordingly, para-2 of the order dated 5.3.2025 shall stand modified as under :- " Recording the said submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn with liberty to the petitioner to work out their remedy in the manner known to law. No costs. Consequently, connected miscellaneous petitions and WMP No.21902/2018 are closed."

5. The matter is clarified accordingly. Registry is directed to issue fresh order copy to the parties after carrying out the aforesaid corrections. 29.07.2025 ssb

M.DHANDAPANI, J.

ssb 29.07.2025