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Madras High CourtWP/20248/2018dismissed for nonprosecution

E.M.Baskar,S/O.G.Ethirajulu v. The Tamilnadu State Marketing

2018-11-14Honourable Mr Justice K. Ravichandrabaabu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:14.11.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition Nos.20248 to 20250 & 18255 to 18257 of 2018 and W.M.P.Nos.23751 to 23753 & 21572 to 21574 of 2018 E.M.Baskar ... Petitioner (in W.P.No.20248 of 2018) P.Arunkumar ... Petitioner (in W.P.No.20249 of 2018) A.Muralidharan ... Petitioner (in W.P.No.20250 of 2018) S.Rajendran ... Petitioner (in W.P.No.18255 of 2018) K.Kumar ... Petitioner (in W.P.No.18256 of 2018) S.Parthiban ... Petitioner (in W.P.No.18257 of 2018) vs.

1.The Tamil Nadu State Marketing Corporation Ltd., Rep. By its Managing Director, Thalamuthu Natarajan Maaligai, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The Senior Regional Manager, The Tamil Nadu State Marketing Corporation Ltd., LLA Building, Anna Salai, Chennai - 600 002.

3.The District Manager, TASMAC Ltd., Chennai (Central) District, B-4 Ambattur Industrial Estate, Ambattur, Chennai - 600 058.

..Respondents (in all WPs)

Writ petition No.20248 of 2018 filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent in Na.Ka.No.B1/264/2017 dated 13.07.2018 and quash same and consequently direct the 3rd respondent to collect EMD amount for the petitioner's bar attached Tasmac Shop No.411 situated at Door No.9/2, Kaliamman Koil Street, Koyambedu, Chennai - 600 107 at the rate of 3% of 80% of actual sales of the shop as the upset price per month based on the petitioner's representation dated 10.02.2018.

Writ petition No.20249 of 2018 filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent in Na.Ka.No.B1/264/2017 dated 13.07.2018 and quash same and consequently direct the 3rd respondent to collect EMD amount for the petitioner's bar attached Tasmac Shop No.463 situated at No.190, Jawaharlal Nehru Road, Arumbakkam, Chennai - 600 106 at the rate of 3% of 80% of actual sales of the shop as the upset price per month based on the petitioner's representation dated 28.02.2018.

Writ petition No.20250 of 2018 filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent in Na.Ka.No.B1/264/2017 dated 13.07.2018 and quash same and consequently direct the 3rd respondent to collect EMD amount for the petitioner's bar attached Tasmac Shop No.480 situated at No.13/3, Whanels Road, Egmore, Chennai - 600 008 at the rate of 3% of 80% of actual sales of the shop as the upset price per month based on the petitioner's representation dated 28.02.2018. Writ petition No.18255 of 2018 filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent in Na.Ka.No.B1/264/2017 dated 13.07.

2018 and quash same and consequently direct the 3rd respondent to collect EMD amount for the petitioner's bar attached Tasmac Shop No.325 situated at Door No.158, M.T.H.Road, Villivakkam, Chennai - 600 049 at the rate of 3% of 80% of actual sales of the shop as the upset price per month based on the petitioner's representation dated 14.07.2018.

Writ petition No.18256 of 2018 filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent in Na.Ka.No.B1/264/2017 dated 13.07.2018 and quash same and consequently direct the 3rd respondent to collect EMD amount for the petitioner's bar attached Tasmac Shop No.319 situated at Door No.135, M.T.H.Road, Villivakkam, Chennai - 600 049 at the

rate of 3% of 80% of actual sales of the shop as the upset price per month based on the petitioner's representation dated 14.07.2018.

Writ petition No.18257 of 2018 filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent in Na.Ka.No.B1/264/2017 dated 13.07.2018 and quash same and consequently direct the respondents to collect EMD amount for the petitioner's bar attached Tasmac Shop No.302 situated at Door No.98-A, Lakshmi Amman Koil Street, Buthagaram, Chennai - 600 099 at the rate of 3% of 80% of actual sales of the shop as the upset price per month based on the petitioner's representation dated 14.07.2018.

For Petitioner :

No Appearance (in all WPs) For Respondents :

Mr.K.Satish Kumar, Standing Counsel (in all WPs) C O M M O N O R D E R When these writ petitions are listed on 13.11.2018 (yesterday), there was no representation for the petitioners. Thus, the writ petitions are directed to be listed again today under the caption "for orders". Today also, when the matter is taken up for hearing, there is no representation for the petitioners. Accordingly, these writ petitions are dismissed for "non-prosecution". No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mk To 1.The Tamil Nadu State Marketing Corporation Ltd., Rep. By its Managing Director, Thalamuthu Natarajan Maaligai, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The Senior Regional Manager, The Tamil Nadu State Marketing Corporation Ltd., LLA Building, Anna Salai, Chennai - 600 002.

3.The District Manager, TASMAC Ltd., Chennai (Central) District, B-4 Ambattur Industrial Estate, Ambattur, Chennai - 600 058.

+1cc to Mr.K.Satish Kumar, Advocate, S.R.No.77662 W.P. Nos. 20248 to 20250 & 18255 to 18257 of 2018 KS(CO) CS/10/12/2018