M/S.Savitha Devi v. The Tamilnadu Civil Supplies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :05.07.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No.22903 of 2018 and W.M.P. Nos.26795 to 26797 of 2018 M/s.Savitha Devi, Rep. by its Managing Director, Transport Contractor, No.29/19 sannathi Street, Thiruvannamalai, Thiruvannamalai District.

... Petitioner -vs1. The Tamil Nadu Civil Supplies Corporation, Rep. by its Managing Director, No.12, Thambusamy Road, Kilpauk, Chennai 600 010.

2. The Regional Manager, The Tamil Nadu Civil Supplies Corporation,

3. The Regional Manager, The Tamil Nadu Civil Supplies Corporation, Kancheepuram District.

4. The Deputy Regional Manager, Tamil Nadu Civil Supplies Corporation, ... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records of the 2nd Respondent herein in SM No.P1/4326/2017 dated 24.08.2018 and quash the same.

For Petitioner : Mr.A.R.L.Sundaresan, Senior Counsel for Mr.Vijayaraghavan For Respondents : Mr.S.T.S.Murthy, Additional Advocate General assisted by Mr.L.P.Shanmugasundaram, Special Government Pleader.

O R D E R

Heard Mr. AR. L. Sundaresan, Learned Senior Counsel assisted by Mr. Vijayaraghavan, Learned Counsel for the Petitioner and Mr. S.T.S. Murthy, Learned Additional Advocate General assisted by Mr. L.P. Shanmugasundaram, Learned Special Government Pleader appearing for the Respondents.

2.

When it is pointed out by the Learned Additional Advocate General appearing on behalf of the Respondents that the Petitioner has got an effective alternative remedy to prefer appeal before the First Respondent as mentioned in the impugned order passed by the Second Respondent, Learned Senior Counsel appearing for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the same and has made an endorsement to that effect, which is recorded. 3.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. It is needless to add here that if such appeal is preferred by 31.07.2019, the First Respondent, he shall after affording full opportunity of hearing to the parties concerned in consonance with the principles of natural justice consider all the contentions that are raised in such appeal and pass a reasoned order on merits in accordance with law and communicate the decision taken by 31.10.2019. Consequently, connected Miscellaneous Petitions are closed. No Costs.

Sd/- Assistant Registrar (CS-IX) //True Copy// Sub Assistant Registrar rkp To

1. The Managing Director, The Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai 600 010.

2. The Regional Manager, The Tamil Nadu Civil Supplies Corporation,

3. The Regional Manager, The Tamil Nadu Civil Supplies Corporation, Kancheepuram District.

4. The Deputy Regional Manager, Tamil Nadu Civil Supplies Corporation, copy to: The Section Officer, E.R Section, High Court, Madras.

(To return the Original copy of the impugned Order) +1 cc to Mr.L.P.Shanmugasundaram, Advocate, S.R.No.56846 W.P. No.22903 of 2018 and W.M.P. Nos.26795 to 26797 of 2018 NR(CO) SSM(23/07/2019)