Madras High CourtWP/37209/2004disposed of

T.Selvaraj v. Tamilnadu Civil Supplies

2017-03-02Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Writ Petition No.37209 of 2004 WMP.No.44660 of 2004

1. T.Selvaraj

2. A.Abdul Rahoof

3. P.Duraisamy

4. G.Umakanthan

5. W.Mohan

6. G.Stalin (dismissed vide order dated 3.2.2011)

7. K.Gopalakrishnan

8. M.Sathyamoorthy 9.A.Dhakshinamoorthy 10.Kothanda Murthy 11.D.Palani ..Petitioners Vs 1 Tamil Nadu Civil Supplies Corporation Ltd., rep. By its Chairman Managing Director, No.12, Thambusamy Road, Kilpauk, Chennai 10.

2. The Senior Regional Manager, Tami Nadu Civil Supplies Corporation Ltd., Chennai North Region, Chennai.

..Respondents Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of mandamus to forbear the respondents from in any manner initiating the recovery proceedings against the petitioners in respect of the Rice Stocks which were classified as Non issuable by the 2nd respondent by his proceedings Rc.No.Q2/02179/2001 dated 20.06.2001. For Petitioners : Mr.K.Premkumar For Respondents : Mr.C.Munusamy

O R D E R

This writ petition has been filed to forbear the respondents from in any manner initiating the recovery proceedings against the petitioners in respect of the Rice Stocks which were classified as Non issuable by the 2nd respondent by his proceedings Rc.No.Q2/02179/2001 dated 20.06.2001.

2. In a connected matter in W.P.No.15578 of 2005, this Court passed the following order on 18.01.2013:- "Though this writ petition is filed for issue of a Writ of Mandamus to forbear the respondents from in any manner initiating the recovery proceedings or making any recovery from the salary of the petitioners in respect of the Rice Stocks which were classified as non-issuable by the 2nd respondent pursuant to the letter of the 1st respondent by his proceedings D.O.No.T3/71161/2001 dated 13.09.2001, today, when the matter is taken up, learned counsel for the petitioners submitted that as per the stand of the respondents in the counter affidavit filed, individual recovery orders will be passed by the Department and in that event, the petitioners may be given liberty to challenge the same.

2. This request of the learned counsel for the petitioners seems to be very reasonable.

3. Consequently, the writ petition is disposed of giving liberty to the petitioners to challenge the orders of recovery whenever they are passed. No costs. Connected W.P.M.P. is closed".

3. In view of the above, this writ petition is disposed of giving liberty to the petitioners to challenge the orders of recovery, whenever they are passed. No costs. Connected miscellaneous petition is closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar rg To

1. Tamil Nadu Civil Supplies Corporation Ltd., rep. By its Chairman Managing Director, No.12, Thambusamy Road, Kilpauk, Chennai 10.

2. The Senior Regional Manager, Tami Nadu Civil Supplies Corporation Ltd., Chennai North Region, Chennai.

+1 CC to Mr.K.Premkumar, Advocate Sr.No.13634 +1 CC to Mr.C.Munusamy, Advocate Sr.No.13666 +1 CC to Government Pleader, High Court, Chennai Sr.No.14416 W.P.No.37209 of 2004 RSK(CO) KP(14.03.2017)