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Madras High CourtWP/20128/2020dismissed

M.Kaliswari v. Directorate Of Dairy Development Board

2020-12-30Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.12.2020

CORAM

THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.20128 of 2020 & W.M.P.No.24849 of 2020 M.Kaliswari ...

Petitioner versus

1. Directorate of Dairy Developmet Board, Madhavaram Milk Colony, Chennai-600 051.

rep by The Commissioner.

2. The Deputy General Manager (Bulk Vending Unit) The Tamil Nadu Co-operative Milk Producer Federation Ltd., 3-A, P.M.R.Salai, Nandanam, Chennai-600 035.

3. Joint Managing Director, The Tamil Nadu Co-operative Milk Producer Federation Ltd., 29&30, Industrial Estate, Ambattur, Chennai-600 058.

... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, prayed to issue a Writ of Mandamus directing the respondents to forbearing the respondents not to take any coercive steps in terminating the petitioner's allotment in AVM 034, situate at Lakshmanasamy Salai, K.K.Nagar, Chennai-600 078.

For Petitioner : Mr.M.Rahendiran For Respondents : Mr.Bala Ramesh, Spl. Govt. Pleader

O R D E R

I heard Mr.M.Rajendran, the learned counsel for the Petitioner and Mr.Bala Ramesh, the learned Special Government Pleader for the Respondents.

2. By this writ petition, the Petitioner seeks a writ of mandamus to restrain the Respondents from taking coercive steps Page numbers https://hcservices.ecourts.gov.in/hcservices/

in respect of the allotment of the Milk Booth to the Petitioner.

3. Upon perusal of the affidavit, it is evident that the Petitioner had filed W.P.No.24999 of 2013 for the same relief and the said writ petition was dismissed for default on 23.01.2020. From the representation dated 19.12.2020 of the Petitioner, it appears that the Petitioner filed a writ appeal against the aforesaid order which is said to be at SR stage. In addition, the learned Special Government Pleader submits that a termination order has been issued and that, therefore, the Petitioner would have to challenge the termination order.

4. Accordingly, this writ petition is dismissed. Nonetheless, the dismissal of this writ petition shall not preclude the Petitioner from prosecuting the writ appeal (W.A.SR.No.69904 of 2020) which is said to be at SR stage or from challenging the order of termination. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kal/ssn To

1. The Commissioner, Directorate of Dairy Development Board, Madhavaram Milk Colony, Chennai-600 051.

2. The Deputy General Manager (Bulk Vending Unit) The Tamil Nadu Co-operative Milk Producer Federation Ltd., 3-A, P.M.R.Salai, Nandanam, Chennai-600 035.

3. Joint Managing Director, The Tamil Nadu Co-operative Milk Producer Federation Ltd., 29&30, Industrial Estate, Ambattur, Chennai-600 058.

W.P.No.20128 of 2020 & W.M.P.No.24849 of 2020 PVS(CO) CB(21/01/2021) Page numbers https://hcservices.ecourts.gov.in/hcservices/