G.Jagadeesh v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN G. Jagadeesh

...Petitioner

Vs.

1. The Principal Secretary to Government, Handlooms and Textiles Department, Secretariat, Chennai - 600 009.

2. The Commissioner, Handlooms Department, Kuralagam, Chennai - 600 009.

3. The Assistant Director, Handlooms, Tiruppur

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to lift the ban imposed by order dated 06.10.2020 on the EH194, the Muthur Power Loom Weavers Co-operative Society Limited, Nathakadaiyur, Kangeyam Taluk, Tiruppur District and consequently direct the second respondent to provide work orders/job works to the Society Members based on the representation of the petitioner, dated 12.03.2024 and pass orders.

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For Petitioner : Mr.P. Kannan Kumar For Respondents : Mr.G. Krishna Raja Additional Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the second respondents to lift the ban imposed by order dated 06.10.2020 on the EH194, the Muthur Power Loom Weavers Co-operative Society Limited, Nathakadaiyur, Kangeyam Taluk, Tiruppur District and consequently direct the second respondent to provide work orders/job works to the Society Members based on the representation of the petitioner, dated 12.03.2024 and pass orders.

2. The facts of the case is that the petitioner is a Member of the Muthur Power Loom Weavers Co-operative production and Sales Society Ltd., Nathakadaiyur, Kangeyam Taluk, Tiruppur District. The sum and substance of the case is that the petitioner's society has indulged in the act mixing of older material with the newly supplied Dhoti's meant for free distribution by the Government. Due to which the second respondent passed an order in Na.Ka.No.2727/2020/P1-7 dated 06.10.2020, wherein 2/6

imposed punishment by blacklisting the petitioner's society for a period of 5 years. Challenging the same the petitioner preferred an appeal before the first respondent and the same was forwarded to the second respondent for taking action. Pursuant to which the second respondent vide order dated 01.10.2021 in Na.Ka.No.2727/2020/P1 have imposed a sum of Rs.10,000/- payable to the Government and also modified the punishment ordered with regard to blacklisting of the petitioner's society. The petitioner's society also in turn paid the fine amount. However, till date the second respondent did not lift the ban imposed on the petitioner's society. Due to which the petitioner's society gave a representation to the second respondent. However, there was no progress in the said complaint. Hence, this petition.

3. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the second respondent to consider the petitioner's representation dated 12.03.2024 and pass orders.

4. Learned Additional Government Pleader appearing for the respondents submitted would submit that a direction will be issued to the 3/6

respondents to consider the representation of the petitioner after affording an opportunity of personal hearing and orders will be passed.

5. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the case, directs the second respondent to consider the petitioner's representation dated 12.03.2024 with regard to lifting the ban imposed by the second respondent on 06.10.2020 against the petitioner's society and pass orders on merits and in accordance with law, after affording reasonable opportunity of hearing to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

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Copy To:

1. The Principal Secretary to Government, Handlooms and Textiles Department, Secretariat, Chennai - 600 009.

2. The Commissioner, Handlooms Department, Kuralagam, Chennai - 600 009.

3. The Assistant Director, Handlooms, Tiruppur 5/6

V.BHAVANI SUBBAROYAN,J.

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