E.Manavalan v. Tamilnadu State Marketing

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.15295, 15298, 15302 & 15308 of 2020 and W.M.P.Nos.19124, 19128, 19133 & 19136 of 2020 E.Manavalan ....

Petitioner in W.P.No.15295 of 2020 K.Govindaraj ....

Petitioner in W.P.No.15298 of 2020 N.Chakkaravarthy ....

Petitioner in W.P.No.15302 of 2020 K.G.Srinivasan ....

Petitioner in W.P.No.15308 of 2020 Vs 1.Tamil Nadu State Marketing Corporation Ltd., Rep. by its Managing Director, CMDA Tower - II, 4th Floor, Gandhi-Irwin Bridge Road, Egmore, Chennai - 8.

2.The District Manager, Tamil Nadu State Marketing Corporation Ltd., Vellore District, National Theatre Opposite, Katpadi Road, Vellore.

....

Respondents in all W.Ps 1/6

Prayer in W.P.No.15295 of 2020 : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order dated 31.08.2020 passed by the second respondent in Na.Ka.No.A2/11111/CV/2019 and served to the petitioner on 26.09.2020, quash the same and consequently direct the respondents to refund a sum of Rs.5,000/- which he has already paid as per the interim orders of this Court.

Prayer in W.P.No.15298 of 2020 : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order dated 31.06.2020 passed by the second respondent in Na.Ka.No.A2/11084/CV/2019 and served to the petitioner on 26.09.2020, quash the same and consequently direct the respondents to refund a sum of Rs.5,000/- which he has already paid as per the interim orders of this Court.

Prayer in W.P.No.15302 of 2020 : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order dated 31.08.2020 passed by the second respondent in Na.Ka.No.A2/11070/CV/2019 and served to the petitioner on 26.09.2020, quash the same and consequently direct the respondents to refund a sum of Rs.5,000/- which he has already paid as per the interim orders of this Court.

Prayer in W.P.No.15308 of 2020 : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified 2/6

Mandamus, calling for the records pertaining to the order dated 31.06.2020 passed by the second respondent in Na.Ka.No.A2/11285/CV/2019 and served to the petitioner on 26.09.2020, quash the same and consequently direct the respondents to refund a sum of Rs.5,000/- which he has already paid as per the interim orders of this Court.

For Petitioner : No appearance (in all W.Ps) For Respondents : Mr.K.Balakrishnan (in all W.Ps) Standing Counsel COMMON ORDER These Writ Petitions have been filed challenging the order passed by the second respondent dated 31.06.2020 & 31.08.2020 respectively, thereby directed the petitioners to pay a fine amount for the illegality committed by the petitioners.

2. Heard the learned Standing Counsel appearing for the respondent. There is no representation on behalf of the petitioner and as such, this Court is inclined to pass orders on merits.

3. The petitioners were selected as Salesmen by the respondents. While they were working in their respective shops, the 3/6

second respondent, on surprise inspection, found that the petitioners had sold the liquor bottle with excess price. Therefore, the petitioners were issued show cause notices. The show cause notices were challenged before this Court. As directed by this Court, the second respondent conducted an enquiry by appointing an Enquiry Officer. Based on the enquiry report, it was found that the charges proved as against the petitioners and fine was imposed. The second respondent, after deducting the amount which was already deposited by the petitioner, directed the petitioners to pay the balance amount.

4. In view of the above, this Court finds no infirmity or illegality in the order passed by the second respondent. Therefore, these writ petitions are devoid of merits and are liable to be dismissed. Accordingly, these writ petitions stand dismissed. Consequently, connected miscellaneous petitions are closed. No costs. 01.10.2024 Internet : Yes/No Index:Yes/No Lpp 4/6

To 1.The Managing Director, Tamil Nadu State Marketing Corporation Ltd., CMDA Tower - II, 4th Floor, Gandhi-Irwin Bridge Road, Egmore, Chennai - 8.

2.The District Manager, Tamil Nadu State Marketing Corporation Ltd., Vellore District, National Theatre Opposite, Katpadi Road, Vellore.

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G.K.ILANTHIRAIYAN, J.

Lpp W.P.No.15295, 15298, 15302 & 15308 of 2020 01.10.2024 6/6