N.Venkatachalam v. Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2019

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P. No.33552 of 2004 1.N.Venkatachalam 2.S.Chinnasamy 3.R.Viswanathan 4.T.Nagendran 5.D.Swamynath 6.V.Rajakumar 7.R.Murugesan 8.R.Theiveegarajan 9.A.Muruganathan 10.K.Arunmozhi 11.V.Senathipathi ... Petitioners

Versus

1.State of Tamil Nadu, rep.by its Secretary to Government, Co-operation, Food and Consumer Protection Department, Fort.St. George, Chennai - 600 009.

2.Tamil Nadu Civil Supplies Corporation Ltd., rep.by its Chairman/Managing Director, No.12, Thambusamy Road, Kilpauk, Chennai - 600 010.

3.The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation Ltd., Thanjavur Region, Thanjavur.

... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned Circular vide Rc.No.R1/92980/2003, Circular No.115 of 2003, dated 07.10.2003 issued by the second respondent quash the same insofar as the petitioners herein and consequently direct the respondents to adopt the storage norms fixed in Circular H.O.Ref.No.U1/58382/81-18, dated 10.04.1984 as modified from time to time.

For petitioners : Mr.K.Premkumar For respondents : Mr.K.Ravikumar, (for R1) Additional Govt. Pleader.

: Mr.L.P.Shanmugasundaram (for R2 & R3) https://hcservices.ecourts.gov.in/hcservices/

ORDER

The learned counsel for the petitioner has drawn my attention to paragraph No.11 of the counter affidavit filed on behalf of the respondent, wherein it is stated that by virtue of the subsequent circular issued on 22.01.2004, the earlier circular dated 07.10.2003 is superceded. Hence, the learned counsel for the petitioner seeks permission of this Court to challenge the new circular.

2.Recording the submission made by the learned counsel for the petitioner, Writ petition is dismissed as infructuous. However, liberty is granted to the petitioner to challenge the new circular dated 22.01.2004 in accordance with law. No costs. Sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar klt To 1.The Secretary to Government, State of Tamil Nadu, Co-operation, Food and Consumer Protection Department, Fort.St. George, Chennai - 600 009.

2.The Chairman/Managing Director, Tamil Nadu Civil Supplies Corporation Ltd., No.12, Thambusamy Road, Kilpauk, Chennai - 600 010.

3.The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation Ltd., Thanjavur Region, Thanjavur.

+1cc to Mr.L.P.Shanmugasundaram, Advocate, SR.No.105398. +1cc to Government Pleader, SR.No.105817.

+1cc to Government Pleader(CO.Op) SR.No.105264. W.P. No.33552 of 2004 SJ(CO) CSR: 29/01/2020 https://hcservices.ecourts.gov.in/hcservices/