M.Vedi@Vediyappan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.06.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

1. M.Vedi @ Vediyappan

2. Muniyan ..

Petitioners Vs.

1. The Managing Director Tamil Nadu Civil Supplies Corporation Thambusamy Street, Kilpauk, Chennai - 10.

2. The Regional Manager Tamil Nadu Civil Supplies Corporation Arni Road, Otteri Bus Stop Otteri, Vellore, Vellore District.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus, directing the second respondent to permit the petitioners to do work as load man in the second respondent Corporation godown at Gudiyatham, Vellore District by disposing the written representation made by the petitioners on 01.04.2024.

For the Petitioner : Mr.C.Prakasam For the Respondents : Mr.C.Selvaraj Standing Counsel

ORDER

Both the petitioners are working as Loadmen in the respondent Corporation. From the affidavit filed in support of the writ petition, it is seen that both the petitioners were arrayed as accused in a criminal case filed under the provisions of the Tamil Nadu Scheduled Commodities (RDCS) Order, 1982 and the Essential Commodities Act, 1955, for loading the rice in lorry.

2. Mr.C.Prakasam, learned counsel appearing on behalf of the petitioners submits that the petitioners were working as Loadmen in the godown and they did not know the destination of the lorry and they only acted as per the orders of their superiors.

3. Mr.C.Selvaraj, learned Standing Counsel takes notice for the respondents and submits that since the petitioners are involved in a criminal case, appropriate action is being contemplated. In any event, the concerned authority will consider the representation dated 01.04.2024 in accordance with law.

4. I have considered the said submission made on behalf of the learned counsel for the petitioners.

5. When the petitioners are working as Loadmen and even if they are involved in a criminal case, they cannot be simply denied duty. Some action has to be taken in accordance with law. In that view of the matter, this writ petition is disposed of with a direction to the respondents to consider the representation of the petitioners dated 01.04.2024 and pass appropriate orders, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 07.06.2024 Index : Yes/No drm

To:

1. The Managing Director Tamil Nadu Civil Supplies Corporation Thambusamy Street, Kilpauk, Chennai - 10.

2. The Regional Manager Tamil Nadu Civil Supplies Corporation Arni Road, Otteri Bus Stop Otteri, Vellore, Vellore District.

D.BHARATHA CHAKRAVARTHY,J.

(drm) 07.06.2024