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Madras High CourtWP/5746/2017disposed of

Mega Falls v. The Executive Engineer

2017-03-08Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2017

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.5746 of 2017 and W.M.P.No.6144 of 2017 Mega Falls Vels Waterproducts Company Rep. By its Partner N. Palanivel ..Petitioner Vs.

1.The Executive Engineer, Operations & Maintenance, Corporation Ltd., Sankarapuram Taluk, Villupuram District.

2. The Junior Engineer, Operations & Maintenance, Corporation Ltd., Sankarapuram Taluk, Villupuram District.

3. The Chairman, Corporation Ltd., 114, Anna Salai, Chennai.

..Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorari to call for the order dated 07.02.2017 in Ka.No:EMP/EP/Alathur/Ko.Kattu/No.169/2017 dated 07.02.2017 passed by the 2nd respondent and quash the same. For Petitioner ..

Mr.V.R Kamalanathan For Respondents ..

Mr.P.R.Dhilip Kumar

ORDER

Mr.P.R.Dhilip Kumar, learned counsel takes notice for the respondents.

2.The petitioners has come forward to file this writ petition, challenging the order impugned dated 07.02.2017 passed by the second respondent by which the demand for payment of Rs.3,19,610/- has been made on the premise that the aforesaid amount has not been recovered so far though payable by the petitioner.

3.The aforesaid order is sought to be impugned on the premise that there is no prior notice before passing the same. A perusal of the order impugned also would show that the petitioner company has not been given an opportunity of personal hearing. In such view of the matter, the order impugned dated 07.02.2017 is treated as a show cause notice. Thus the petitioner is given a further period of three weeks from the date of receipt of a copy of this order to give a suitable reply to the impugned order passed. On receipt of the said reply, the second respondent shall pass appropriate final orders within a period of six weeks thereafter. The second respondent shall also furnish a copy of the memo dated 20.01.2017 to the petitioner within a period of one week from the date of receipt of a copy of this order, if not supplied to it already. 4.With the above observation, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar To 1.The Executive Engineer, Operations & Maintenance, Corporation Ltd., Sankarapuram Taluk, Villupuram District.

2. The Junior Engineer, Operations & Maintenance, Corporation Ltd., Sankarapuram Taluk, Villupuram District.

3. The Chairman, Corporation Ltd., 114, Anna Salai, Chennai.

+1 cc to Mr.V.R.Kamalanathan,advocate,sr.14945 +1 cc to Mr.M.Varunkumar,advocate,sr.14784.

kji(co) krd 20/3 W.P.No.5746 of 2017