K.Chandran v. Tamilnadu Civil Supplies
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 02.03.2017
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Writ Petition No.38422 of 2004 WMP.No.45969 of 2004 1.K.Chandran 2.R.Krishnamoorthy
3. PMC.Mohanakrishnamoorthy
4. P.Sekaran
5. N.Sankaran
6. P.Veeramani
7. C.Murugesan
8. T.Manickam
9. K.Arumugam 10.A.Natarajan 11.E.Elavarasu 12.T.Ramalingam 13.G.Munusamy 14.C.Thimmappan 15.M.Silormani 16.G.Krishnan 17.A.Kariyappan 18.G.Ravindiran 19.V.Singaram 20.V.Velu 21.M.Venkatasamy 22.K.Varadan 23.M.Govindasamy 24.K.A.Murugan 25.A.Muthu 26.P.M.Krishnamoorthy 27.S.Ramakrishnan 28.A.Arpputhanathan 29.K.Shanmugam 30.G.Balan 31.V.C.Nagarajan ..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., Thiruvarur Region, Thiruvarur ..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 pursuant to the letter of the 1st respondent by his proceedings D.O.No.T3/71161/2001 dated 13.09.2001. For Petitioners : Mr.K.Premkumar For Respondents : Mr.C.Munusamy (R1) Mr.V.Selvanayagam for Mr.Prabhakar (R2)
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 respondentpursuant to the letter of the 1st respondent by his proceedings D.O.No.T3/71161/2001 dated 13.09.2001.
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.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rg To
1. The Chairman Managing Director, Tamil Nadu Civil Supplies Corporation Ltd., No.12, Thambusamy Road, Kilpauk, Chennai 10.
2. The Senior Regional Manager, Tami Nadu Civil Supplies Corporation Ltd., Nagapattinam Region, Nagapattinam.
+ 1 cc to Mr.K. Premkumar, Advocate SR.13633 + 1 cc to Mr.T. S. Prabhakar, Advocate SR.13626 + 1 cc to Mr.C. Munusamy, Advocate Sr.13665 + 1 cc to Government Pleader Sr.14417 W.P.No.38422 of 2004 KJI(CO) EU 15.03.17