Shree Arunachaleshwarar Mills, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.07.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.28259 and 28260 of 2016 Shree Arunachaleshwarar Mills, Narasingapuram Village, Udumalpet Taluk, Tiruppur District, Represented by its Authorised Signatory, O.A.A.Anandapadmanaban ... Petitioner Vs.

1. The District Collector, Tiruppur District.

2. The Tahsildar, Udumalpet, Tiruppur District.

3. The Kovai Periar Mavatta Dravidar Panchalai Munnetra Sangam, No.69, Tatabad, 3rd Street, Coimbatore 641 012.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records of the second respondent herein relating to the Demand Notice in Ref.No.7000/2016/A5 dated 19.08.2016 and the destraint order in Form I affixed on 30.08.2016 and quash the same and forbear the respondents 1 and 2 from initiating any proceedings for recovery of the amounts pursuant thereto.

For Petitioner :

Mr.A.G.Abhishek for Mr.A.Ramjumar For Respondents :

Mr.M.Prem Kumar Government Advocate for R1 & R2 Mr.V.Prakash for Mr.K.Sudalaikannu for R3

O R D E R

The present Writ Petition has been filed challenging the impugned demand notice passed by the second respondent dated 19.08.2016 calling upon the petitioner to pay a sum of Rs.2,71,44,028/- within 30 days towards the amount which is said to be due under Section 33(C)(1) of the Industrial Disputes Act, 1947 towards the claim of some workmen. A distraint order dated 30.08.2016 in Form 1 had also been affixed under Section 8 of the Tamil Nadu Revenue Recovery Act granting 15 days time.

2. Today when the matter is taken up for hearing, the learned Government Advocate appearing for the respondents 1 and 2 submits that, the amount has already been recovered from the petitioner and hence, nothing survives in this Writ Petition.

3. Recording the same, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petitions are closed. 13.07.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To

1. The District Collector, Tiruppur District.

2. The Tahsildar, Udumalpet, Tiruppur District.

3. The Kovai Periar Mavatta Dravidar Panchalai Munnetra Sangam, No.69, Tatabad, 3rd Street, Coimbatore 641 012.

M.DHANDAPANI,J.

vji and W.M.P.Nos.28259 and 28260 of 2016 13.07.2023