M/S. Bright Advertising v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU M/s. Bright Advertising A registered Partnership Firm Represented by its Authorised Signatory (Authorization dated 05.02.2023) Jamaluddin Khan S/o. Nasarullah Khan ... Petitioner -vs1. The Managing Director, Tamil Nadu Co-operative Milk Marketing Federation, (AAVIN), Aavin Illam, Madavaram Milk Colony, Chennai - 600 051.

2. The Nadu Co-operative Milk Producers' Federation Limited, Corporate Office, Marketing Unit, Represented by its General Manager Aavin Illam, 3A, Pasumpon Muthuramalinganar Salai, Nandanam, Chennai.

3. State of Tamil Nadu, Rep. By its Secretary to Government, Information & Public Relations, Fort St.George, Chennai - 600 009.

... Respondents 1/6

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First and Second Respondents to pay the Petitioner a sum of Rs. 88,52,104/- (Rupees Eighty Eight Lakhs Fifty Two Thousand one Hundred and Four Only), together with interest at 20% per annum on Rs. 88,52,104/-, covered under the invoice bearing Bill No. DIRP 7337 dated 16.09.2019, within a time to be fixed by this Court.

For Petitioner :

Mr. B.Arvind Srevatsa For Respondents :

Mr. V.Rajinikanth (for R1 & R2) Mr. P.Sathish (for R3)

O R D E R

Heard Mr. B.Arvind Srevatsa, Learned Counsel for the Petitioner, Mr. V.Rajinikanth, Learned Counsel takes notice for the First and Second Respondents and Mr. P.Sathish, Learned Counsel takes notice for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The grievance ventilated by the Petitioner is that the bills for the value of Rs. 88,52,104/- towards advertisement expenditure submitted by it to the Second Respondent has not been paid and the representation dated 22.11.2023 2/6

made in that regard has not evoked any response, which has necessitated the filing of this Writ Petition.

3.

Having regard to the limited nature of relief sought, this Court without expressing any view on the merits of the controversy involved, passes the following order:- (i) the concerned authority shall immediately examine the representation dated 22.11.2023 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 10 days for the same;

(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned to explain their position in that regard;

(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated by 30.04.2024 under written acknowledgment; 3/6

(v) if the Petitioner is found entitled to any monetary benefits, the same shall be paid along with working-sheet showing its calculation within a period of three months from the date of passing of that order; and (vi) the report of such compliance shall be filed before the Registrar (Judicial) of the Court.

In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

01.03.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 22.03.2024.

kv To

1. The Managing Director, Tamil Nadu Co-operative Milk Marketing Federation, (AAVIN), Aavin Illam, Madavaram Milk Colony, Chennai - 600 051.

2. The General Manager, The Nadu Co-operative Milk Producers' Federation Limited, Corporate Office, Marketing Unit, Aavin Illam, 3A, Pasumpon Muthuramalinganar Salai, Nandanam, Chennai.

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3. The Secretary to Government of Tamil Nadu, Information & Public Relations, Fort St.George, Chennai - 600 009.

Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.

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P.D. AUDIKESAVALU, J.

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