M/S.Vellaimuthu Udaiyar v. The Director Civil Supply And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2020

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.30276 of 2019 Vellaimuthu Udaiyar ... Petitioner vs

1. The Director Civil Supply and Constumer Affairs Department of Civil Supply,

2. The Chairman, Warehousing Corporation,

3. United India Insurance Company Limited, Regional Office-Puducherry, A.R.Plaza Plot No.35, 36 and 37, 45, Feet Road, Balaji Nagar, Saram, Pondicherry - 605 013 (R2 R3 impleaded as per order dated 07.02.2020 made in WMP.3422/2020 in W.P.30276/2019 by CVKJ) ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus to direct the respondent to consider the representation dated 25.09.2019 and to quantify the amount due to the petitioner and pay the same within a time frame fixed by this Court.

For Petitioners: Mr.S.Sethuraman For Respondents: Mr.B.Nambiselvan Additional Government Pleader(P) for R1 & R2 No appearance for R3

O R D E R

This writ petition is filed seeking for a direction to direct the 1st respondent to consider the representation of the petitioner dated 25.09.2019 and to quantify the amount due to the petitioner and pay the same.

2. Heard both sides.

3. It is stated that the petitioner was a successful bidder in the auction conducted on 05.12.2014 and 29.10.2015 and out of the total quantity of 91,983 kg of rice, he was delivered only 71,985 kg rice, thereby not supplying the balance 19,304 kg of rice. Therefore, the petitioner made the above representation seeking for refund of a sum of Rs.9,65,200/- with interest.

4. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner as it is for the 1st respondent to consider and decide the same on merits and in accordance with law. Accordingly, this Writ Petition is disposed of, only with a direction to the 1st respondent to consider the representation of the petitioner dated 25.09.2019 and pass orders on merits and in accordance with law, after giving due opportunity of hearing to the petitioner. Such exercise shall be done by the 1st respondent within a period of six weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsi To

1. The Director Civil Supply and Constumer Affairs Department of Civil Supply,

2. The Chairman, Warehousing Corporation,

3. United India Insurance Company Limited, Regional Office-Puducherry, A.R.Plaza Plot No.35, 36 and 37, 45, Feet Road, Balaji Nagar, Saram, Pondicherry - 605 013 +1cc to Mr.S.Sethuraman, Advocate, Sr.No.18421 +1cc to the Government Pleader for Puducherry, Sr.No.18321 W.P.No.30276 of 2019 SS(CO) GS(03/06/2020)