R.Gnanasekaran v. The Senior Regional Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2018
CORAM
THE HONOURABLE MR. JUSTICE R.MAHADEVAN Writ Petition No.10928 of 2010 and M.P.No.2 of 2010 1.R.Gnanasekaran 2.R.Govindaraj 3.S.Janakumaran 4.V.Chellaiyan 5.C.Govindan 6.V.Thangavel 7.G.Subramanian 8.S.Sampath 9.D.Thavasimuthu ... Petitioners Vs.
1. The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation Ltd.
Thanjavur.
2. The Managing Director, Tamil Nadu Civil Supplies Corporation Head Office, 10, Thambusamy Road, Kilpauk, Chennai - 600 010.
3. Indian Oil Corporation Indian Oil Bhawan 139, Nungambakkam High Road, Uthamar Gandhi Salai, Chennai - 600 034.
... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the 2nd respondent to issue proper and appropriate guidelines and norms for permissible stock variation in petroleum products stocks kept in underground tanks and consequently forbear the respondents 1 and 2 from resorting to any recovery proceedings from the salary of the petitioners for shortage of petroleum products kept in the underground tanks till such guidelines and norms are framed for permissible stocks variation.
For Petitioner : Mr.K.Rajasekaran For Respondent : Mr.C.Selvaraj for R1 & R2 Mr.R.Ravi for R3
ORDER
The petitioners have come up with the present writ petition for a mandamus directing the 2nd respondent to issue proper and appropriate guidelines and norms for permissible stock variation in respect of the petroleum products kept in underground tanks and consequently forbearing the respondents 1 and 2 from resorting to any recovery proceedings against the petitioners for shortage of petroleum products kept in the underground tanks, till such time.
2.When the matter was taken up for consideration, the learned counsel for the petitioners, after making arguments for some time, ultimately, submitted that it would suffice, if the petitioners are given liberty to submit a fresh representation narrating all the details along with necessary enclosures and the respondents may be directed to consider the same in accordance with law.
3.The learned counsel appearing for the respective respondents have no serious objection in granting such relief to the petitioners.
4.Considering the facts and circumstances of the case and taking note of the submissions made by the learned counsel for the parties, this Court permits the petitioners to submit a fresh representation narrating all the details along with necessary enclosures, if any, to the first respondent within a period of two weeks from the date of receipt of a copy of this order. On such submission, the first respondent is directed to consider the same and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of personal hearing to the petitioners as well as all other necessary parties, if any, within a period of four weeks thereafter. 5.Accordingly, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar
To
1. The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation Ltd.
Thanjavur.
2. The Managing Director, Tamil Nadu Civil Supplies Corporation Head Office, 10, Thambusamy Road, Kilpauk, Chennai - 600 010.
3. Indian Oil Corporation Indian Oil Bhawan 139, Nungambakkam High Road, Uthamar Gandhi Salai, Chennai - 600 034.
+1cc to Government Pleader SR.No.37491 RV(CO) sm:5.7.2018 W.P.No.10928 of 2010