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Madras High CourtWP/26192/2024dismissed

M/S.Sam Hr Solutions Llp v. The Secretary,

2024-09-10Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M/s.Sam Hr Solutions LLP, Represented By Its Partner, S.Swaminathan ... Petitioner -Vs1. The Secretary, The Ministry Of Micro, Small And Medium Enterprise, Room No. 169, Udyog Bhawan, Rafi Marg, New Delhi -110 011.

2. M/s Srivalli Shipping And Transport Private Limited, 23-22-21, 2nd Floor, Sivalayam Street, Near I Town Gandhi Statute, Visakhapatnam, Andhra Pradesh -530 001.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to consider the Petitioner's representation vide Letter dated 04.12.2021 and pass suitable orders.

For Petitioner : Mr.Gautham Venkatesh For R1 : Mr.T.L.Thirumalaisamy CGSC

ORDER

This writ petition has been filed for direction directing the first respondent to consider the Petitioner's representation vide Letter dated 04.12.2021 seeking action as against the second respondent for non compliance of MSME form dues to micro or small enterprises suppliers existing on the date of notification within a period of thirty days from the date of publication of notification in SO 368(E) dated 22.01.2019.

2. Heard and perused the materials available on record.

3. It is seen that the petitioner provided certain maintenance services for the second respondent. Hence, the second respondent is due of amounts payable to the petitioner herein. Therefore, the petitioner filed an application before the Micro and Small Enterprises Facilitation Council, Chennai region and the said application was dismissed in MSEFC/CR/172/2022 dated 27.02.2023. Aggrieved by the same, the petitioner preferred a writ petition in W.P.No.22211 of 2024 and it is pending for adjudication.

4. Thereafter, the petitioner filed this present writ petition for direction directing the first respondent to consider the representation dated 04.12.2021

for non filing of certain forms by the second respondent. It is nothing but he has filed to achieve directly and in order the achieve indirectly, the petitioner filed this writ petition to consider the representation alleging that non filing of certain forms as per the notification dated 22.01.2019 and to take appropriate action as against the second respondent.

5. In view of the above, the direction sought for in this writ petition cannot be considered and the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. There shall be no order as to costs.

10.09.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn G.K.ILANTHIRAIYAN. J, mn

To

1. The Secretary, The Ministry Of Micro, Small And Medium Enterprise, Room No. 169, Udyog Bhawan, Rafi Marg, New Delhi -110 011.

2. M/s Srivalli Shipping And Transport Private Limited, 23-22-21, 2nd Floor, Sivalayam Street, Near I Town Gandhi Statute, Visakhapatnam, Andhra Pradesh -530 001.

10.09.2024