A.Ilamvazhudhi v. The Commissioner Of Milk
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.07.2017
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.14970 of 2011 and M.P.No.1 of 2011 A.Ilamvazhudhi ...
Petitioner - Vs -
1. The Commissioner of Milk Production and Dairy Development Madhavaram, Chennai-600 051.
2. The Deputy Registrar (Dairing), No.13A, Chairman Chidambaram Street, Villupuram.
3. The General Manager, Cuddalore Villupuram District, Co-operative Milk Producers Union, Villupuram District.
4. The District Collector, Villupuram District, Villupuram.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the orders in (i) Pro.Na.Ka.No.1310/B & I/08 dated 17.02.2011 of the third respondent (2) Pro.Na.Ka.No.1310/B & I/08 dated 28.02.2011 of the third respondent and (3) Pro.Na.Ka.No.18395/N3/10 dated 31.03.2011 of the first respondent, to quash the same and to issue consequential directions to the third respondent to disburse to the petitioner the Hire Charges for the period from 1.12.2011 to till dated within a time frame.
For Petitioner : Mr.J.Muthukumaran For Respondents : Mr.V.Selvaraj (Additional Government Pleader)
O R D E R
On perusal of the impugned order passed by the respondent, as per the agreement, the petitioner's tender was accepted for Killanoor route for period from 01.12.2009 to 30.11.2011 as per Pro.Na.Ka.1310/P.I.1/2008 dated 27.11.2009 of the 3rd respondent. Subsequently, the petitioner's contract was cancelled by the 3rd respondent and passed the impugned proceedings Na.Ka.No.1310/B & 1/08 dated 17.02.2011 directing the petitioner to remit a sum of Rs.5,83,488/- to the 3rd respondent with 18% within 10 days failing which legal action will be initiated as per provision of the Tamil Nadu Co-operative Societies Act.
2. The learned Additional Government Pleader submit that if the petitioner is aggrieved by the impugned order, the petitioner may be availed alternative remedy under the Tamil Nadu Co-operative Societies Act.
3. Hence, the petitioner is aggrieved by the impugned order, the petitioner can approach before the appellate authority under the Act. Hence, writ petition is dismissed with liberty to the petitioner, if he is so advised, to file an appeal before the 2nd respondent.
4. With the above observation, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar ssn To
1. The Commissioner of Milk Production and Dairy Development Madhavaram, Chennai-600 051.
2. The Deputy Registrar (Dairing), No.13A, Chairman Chidambaram Street, Villupuram.
3. The General Manager, Cuddalore Villupuram District, Co-operative Milk Producers Union, Villupuram District.
4. The District Collector, Villupuram District, Villupuram.
W.P.No.14970 of 2011 and M.P.No.1 of 2011 SK(CO) sp(03/08/2017)