Ela Ganapathy v. The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2024 CORAM :

THE HONOURABLE MRS. JUSTICE R. KALAIMATHI Ela Ganapthy

...Petitioner

Vs.

1. The Principal Secretary Home, Prohibition and Excise Department Secretariat, Chennai -9.

2. The Managing Director TASMAC, CMDA Tower, Egmore, Chennai - 8.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the second respondent to consider petitioner's representation dated 25.04.2024 by taking action against the erring employees of TASMAC Shop No.25 running at Harbour Chennai.

For Petitioner : Mr.N.Suriyamuthu For respondents : Mr.T.Venkateshkumar, Spl.GP for R1.

Mr.K.Sathish Kumar, Standing Counsel for R2.

O R D E R

This writ petition has been filed seeking issuance of direction to the the second respondent to consider petitioner's representation dated 25.04.2024 by taking action against the erred employees of TASMAC Shop No.25 situated at Harbour Chennai.

2. The case of the petitioner is that he went to TASMAC Shop No.25 at Harbour, Chennai on 02.04.2024 and purchased drinks for a sum of Rs.1,930/-. The salesman and supervisor of the shop demanded a sum of Rs.1,990/-. The petitioner also paid the said amount through his debit card. The employees of the shop are charging an additional amount of Rs.20/- per bottle. When they were questioned, the petitioner was threatened and abused. He made a representation to the respondents 1 and 2 on 05.04.2024 about the same.

3. Heard Mr.N.Suriyamuthu, learned counsel for the petitioner and Mr.T.Venkatesh Kumar, Spl.Government Pleader for first respondent and Mr.K.Sathish Kumar, learned standing counsel for second respondent.

4. When the matter is taken up for hearing, the learned counsel for the second respondent submitted that by a proceedings in Na.Ka.No.A1/524/2024 dated 22.04.2024, the supervisor and the salesman in TASMAC Shop.No.25 were asked to offer their explanations within seven days thereon. In compliance to the said proceedings dated 22.04.2024, they have submitted their explanations. The copy of the said communication dated 07.05.2024 is produced herein.

5. Considering the facts and circumstances and the submissions so made by the learned standing counsel for the second respondent, this writ petition is disposed of, with a direction to the respondents to complete the disciplinary proceedings preferably within a period of eight weeks from the date of receipt of a copy of this order. No costs. 08.05.2024 tsh Internet : Yes Index : Yes Speaking order : Yes / No To 1.The Principal Secretary Home, Prohibition and Excise Department Secretariat, Chennai -9.

2.The Managing Director TASMAC, CMDA Tower, Egmore, Chennai - 8.

R. KALAIMATHI, J.

tsh 08.05.2024.