A.Ravichandiran v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP.No.27336 of 2022 A.Ravichandiran
...Petitioner
Vs.
1.
The State rep. by its Secretary to Government, Agricultural Department, Secretariat, Chennai - 600 009.
2.
The Managing Director, Tamilnadu Small Farmer Agricultural Business/ Director of Agricultural Marketing and Agricultural Business, Guindy, Chennai - 600 032.
3.
The Deputy Director, Agricultural Marketing and Agricultural Business, Salem.
4.
The Erode Precision Farm Producer Company Limited, 4/58/A, Santhaimedu, Sivagiri, Erode - 638 109.
5.
The Chief Executive Officer, Thalaivasal Integrated Farmer Producer Company Limited, Periyathambi Complex, Siruvachur, Thalaivasal (Tk), Salem District.
1/5
6.
The Branch Manager, Canara Bank, Thalaivasal Post & Taluk, Salem District.
7.
Rajendran 8.
Ayyasamy
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 1st to 3rd respondents to take action against the 5th, 7th and 8th respondents for committing misappropriation, fraud, breach of trust, syphoning of company namely Thalaivasal Integrated Farmer Producer Company Limited based on the petitioner's representation dated 28.07.2022.
For Petitioner : Mr.S.Deepan for Ms.S.Vinodha For Respondents : Mr.LSM.Hasan Fizal, AGP, for R1 to R3 : Mr.A.E.Ravichandran, for R5, 7 & 8 : Mr.S.Rajesh, for R6 : Notice not ready, for R4
O R D E R
This Writ petition has been filed seeking to direct the respondents 1 to 3 to take action against the respondents 5, 7 & 8 for committing various misappropriations, syphoning of company namely Thalaivasal Integrated Farmer Producer Company Limited, based on the petitioner's representation dated 28.07.2022.
2/5
2. The case of the petitioner is that, the Thalaivasal Integrated Farmer Producer Company Limited has been constituted for the welfare of the farmers of Veeraganur village, wherein the petitioner is the Treasurer and the 7th and 8th respondents, who are the Chairman and Secretary of the said company have indulged in misappropriation in collision with the 5th respondent, the Chief Executive Officer of the said company. Therefore, the petitioner made a representation dated 28.07.2022 seeking to take action against the respondents 5, 7 & 8. However, since no action was forthcoming, despite the representation, the petitioner has come forward with the present Writ petition.
3. Heard learned counsel on either side and perused the material documents placed on record.
4. Though very many grounds have been raised by the learned counsel for the petitioner at the time of arguments, as the issue involved in the present case is purely civil in nature, the same cannot be adjudicated under Article 226 of the Constitution of India. Thereby, this Court, without going into the merits of the case, while dismissing this Writ petition, grants liberty 3/5
to the petitioner to approach the competent civil court and workout his remedy in the manner known to law.
6. With the aforestated liberty, this Writ petition stands dismissed. No costs. Consequently, the connected Miscellaneous petition is closed. 22.10.2024 skt NCC : Yes/ No Speaking Order : Yes/ No Index : Yes/ No To 1.
The State rep. by its Secretary to Government, Agricultural Department, Secretariat, Chennai - 600 009.
2.
The Managing Director, Tamilnadu Small Farmer Agricultural Business/ Director of Agricultural Marketing and Agricultural Business, Guindy, Chennai - 600 032.
3.
The Deputy Director, Agricultural Marketing and Agricultural Business, Salem.
4/5
M.DHANDAPANI, J.
skt and WMP.No.27336 of 2022 22.10.2024 5/5