M/S.Akila Weaving Mills(P) Ltd v. Government Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.12.2019
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P. No. 32856 of 2016 and W.M.P. No. 28399 of 2016 M/s.Akila Weaving Mills(p) Ltd., A company Registered under the Companies Act, 1956 Rep. by its Managing Director, A.M.Ramamurthy S.F.No.218/1B, Kallapalayam, Naranapuram (Post), Palladam, Coimbatore-641 664.
... Petitioner Vs 1.The Government of India, Ministry of Textiles, Rep. by the Textile Commissioner, 48, New Marine Lines, New CGO Building, Mumbai-20.
2.The Director, Powerloom Development Cell, Office of the Textile Commissioner, 48, New Marine Lines, New CGO Building, Mumbai-20.
3.The Deputy Director & Officer in Charge, Regional Office of Textiles Commissioner, Chinthamani Co-op Super Market Complex, Mettupalayam Road, R.S.Puram (po), Coimbatore-641 002.
4.The District Collector, Tirupur Palladam Road, Tirupur-641 604.
5.The Revenue Divisional Officer, Kumaran Road, Tirupur-641601.
6.The Tahsildar, Pollachi Road, Palladam, Tirupur-641 664.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the records relating to the proceedings issued in Na.Ka.220/2016/E3 dated 01.02.2016 on the file of the Fourth Respondent, quash the same. For Petitioner : Mr. R.Bharath Kumar For R1 to R3 : Mr.D.Ramesh Kumar Central Govt. Standing Counsel For R4 to R6 : Mr. R.P. Prathap Singh Government Advocate
ORDER
This writ petition has been filed by the Petitioner, praying for the issuance of Writ of Certiorari, to call for the records relating to the proceedings issued in Na.Ka.220/2016/E3 dated 01.02.2016 on the file of the Fourth Respondent, quash the same.
2. The learned counsel for the Petitioner submits that at the time of admission there was a conditional order directing the Petitioner to pay a sum of Rs.5,00,000/- out of Rs.10,81,577/- which according to the Petitioner has been paid during the pendency of the writ petition and another sum of Rs.1.25 Lakh has also been paid since then. The Petitioner undertakes to pay the balance amount within the period of four months.
3. There is a substantial payment of amounts by the Petitioner since the filing of the present writ petition. Petitioner is therefore given a final opportunity to pay the balance amount due as per the impugned order within a period of four months from the date of receipt of this order. It is made clear no further extensions will be granted to the Petitioner. The impugned revenue recording proceedings shall therefore remain in abeyance during the aforesaid period.
4. On payments of the balance amount within the aforesaid stipulated period, the impugned order shall stand quashed. It is further made clear that even if the impugned order stands
quashed as indicated in this order, the Respondents are at liberty to demand interest if any for delayed payment of the amount in accordance with law. Needless to state, if such proceedings are initiated seperately, Respondents shall also duly comply with the Principles of Natural Justice.
5. In view of aforesaid submissions, this Writ Petition is disposed of.
No costs.
Consequently, connected writ miscellaneous petition is closed.
Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar arb To 1.The Textile Commissioner, Ministry of Textiles, Government of India, 48, New Marine Lines, New CGO Building, Mumbai-20.
2.The Director, Powerloom Development Cell, Office of the Textile Commissioner, 48, New Marine Lines, New CGO Building, Mumbai-20.
3.The Deputy Director & Officer in Charge, Regional Office of Textiles Commissioner, Chinthamani Co-op Super Market Complex, Mettupalayam Road, R.S.Puram (po), Coimbatore-641 002.
4.The District Collector, Tirupur Palladam Road, Tirupur-641 604.
5.The Revenue Divisional Officer, Kumaran Road, Tirupur-641601.
6.The Tahsildar, Pollachi Road, Palladam, Tirupur-641 664.
+1cc to Mr.R.Bharath Kumar, Advocate, SR.No.106547. +1cc to Mr.D.Ramesh Kumar, Advocate, SR.No.106079. +1cc to Government Pleader, SR.No.106794.
W.P. No. 32856 of 2016 and W.M.P. No. 28399 of 2016 VSN II(CO) CSR:04/02/2020