D.Thirunavukkarasu v. The Commissioner For Milk

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 4.7.2017

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.27052 of 2014 and M.P.Nos.1 & 2 of 2014 D.Thirunavukkarasu ...

Petitioner Vs.

1 The Commissioner for Milk Production and Diary Development, Madhavaram Milk Colony, Madhavaram, Chennai 600 051.

2 The Deputy Registrar (Dairying), Pachapalayam, Coimbatore - 10.

3 The General Manager, Pachapalayam, Coimbatore - 10.

... Respondents Prayer:

Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to Na.Ka.No.3/Tirupur Sales/2014-I dated 26.9.2014 passed by the 3rd respondent herein, quash the same and consequently direct the respondents to allow the petitioner to continue his contract. For Petitioner : Mr.V.S.Jagadeesan For Respondent No.1 : Mr.V.Selvaraj, A.G.P. For Respondent No.2&3 : Mr.R.Balamurugam

O R D E R

The petitioner has challenged the impugned order, dated 26.9.2014 passed by the third respondent. According to the learned counsel for the petitioner, he entered into an agreement with the third respondent herein from 1.3.2014 to 28.2.2016 agreeing the terms and conditions stated in the agreement, dated 1.3.2014. During the said period, the impugned order, dated 26.9.2014 has been passed by the third respondent, cancelling the contract.

Challenging the cancellation order, the petitioner obtained interim order from this Court in the above writ petition.

2 The learned counsel appearing for the respondents would submit that interim order granted by this Court at the time of admission, subsequently has not been extended. Hence, the impugned order is given effect to. He further submitted that since the contract period is expired, now nothing survives in the present writ petition.

3 The learned counsel for the petitioner would submit that the respondent has to refund the security amount and other amounts deposited by the petitioner.

4 In view of the submission made by the learned counsel for the respondents, the writ petition is dismissed as infructuous. It is open to the petitioner to approach the concerned authorities for refund of the deposit amount, if permissible in law. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vaan To 1 The Commissioner for Milk Production and Diary Development, Madhavaram Milk Colony, Madhavaram, Chennai 600 051.

2 The Deputy Registrar (Dairying), Pachapalayam, Coimbatore - 10.

3 The General Manager, Pachapalayam, Coimbatore - 10.

+1cc to Government Pleader SR.No.46856 +1cc to Mr.V.S.Jagadeesan, Advocate SR.No. 46363 W.P.No.27052 of 2014 and M.P.Nos.1 & 2 of 2014 NRJK(CO) GN(21/07/2017)