K.Palanisamy v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :28.11.2019 Coram:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Writ Petition No.31992 of 2019 & WMP.32235, 32236, 32238/19 Thiru.K.Palanisamy .. Petitioner /versus/ 1.The District Collector, Tirupur, Tirupur District.
2.The Joint Registrar, Tamil Nadu Backward Classes and Economic Corporation, 807, Anna Salai(Fifth Floor), Chennai-2.
3.The President, K-2087 Primary Agricultural Co-operative Society, Vanjipalayam R.S.Post, Mangalam Via 641 663, Avinashi Taluk.
4.Executive Engineer, CEDC/South, TNEB, Somanur 641 668.
5.Chief Engineer, Agricultural Engineering Department, Nandanam, Chennai 35.
6.Executive Engineer, Agricultural Engineering Department, Thennampalayam, Tirupur 641 601.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Certiorari calling for the records on the files of the 3rd respondent dated 21.02.2019 being recovery notice issued in response to the representation dated 1/5
14.02.2019 and quash the same as being without jurisdiction, authority of law and contrary to G.O.No.111, dated 31.12.2007. For Petitioner :Mr.R.Senniappan For Respondents:Mr.D.Venkatachalam, AGP for R1, R2, R3, R5 and R6
O R D E R
This writ petition has been filed seeking Writ of Certiorari to call for the records on the files of the 3rd respondent dated 21.02.2019 being recovery notice issued in response to the representation, dated 14.02.2019 and quash the same as being without jurisdiction, authority of law and contrary to G.O.No.111, dated 31.12.2007.
2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for respondents 1,2,3,5 and 6.
3.The impugned order challenged in this writ petition is in respect of the recovery notice issued by the 3rd respondent dated 21.02.2019.
4.The contention of the petitioner that he availed loan under Tamil Nadu Backward Classes and Economic Corporation Scheme to develop the agriculture activity and therefore, the petitioner is entitled for the subsidy of Rs.50,000/- which is found to be contrary to the facts and documents, which are produced by the learned Additional Government Pleader appearing for the respondents 1,2,3,5 and 6.
5. From the records produced by the learned Additional Government Pleader appearing for the respondents, this Court finds that the petitioner herein has available Medium Term Agriculture Loan for water facility to his agriculture land and irrigation through electrical motor. The loan was not sanctioned under the TOBSITCO Scheme. Hence, this Court finds no merit in this petition challenging the demand notice passed by the 3rd respondent dated 21.02.2019.
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6. With the above observations, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ari To:
1.The District Collector, Tirupur, Tirupur District.
2.The Joint Registrar, Tamil Nadu Backward Classes and Economic Corporation, 807, Anna Salai(Fifth Floor), Chennai-2.
3.The President, K-2087 Primary Agricultural Co-operative Society, Vanjipalayam R.S.Post, Mangalam Via 641 663, Avinashi Taluk.
4.The Executive Engineer, CEDC/South, TNEB, Somanur 641 668.
5.The Chief Engineer, Agricultural Engineering Department, Nandanam, Chennai 35.
6.The Executive Engineer, Agricultural Engineering Department, Thennampalayam, Tirupur 641 601.
+1cc to Mr.R.Senniappan, Advocate sr.99710 W.P.No.31992 of 2019 gmr(co) nr 08/01/2020 3/5