Muthupandeeswari v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Muthupandeeswari ... Petitioner /Vs./

1. The Managing Director Tamil Nadu Civil Supplies Corporation, Head Office, Chennai Metro Rail Office Complex, Poonthamalee Highway, Koyambedu, Chennai - 600 107.

2. The Sub Collector / Regional Manager, Tamilnadu Civil Supplies Corporation, Madurai Region, Madurai.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the second respondent to allot and supply the monthly allotment of 4,50 MT of paddy to the petitioners rice mill as per the contract dated 29.07.2020.

For Petitioner : Mr.R.Suriya Narayanan For Respondents : Mr.R.Satheesh Standing Counsel for TNCSC 1/5

ORDER

This writ petition has been filed for a direction directing the second respondent to allot and supply the monthly allotment of 4,50 MT of paddy to the petitioners rice mill as per the contract dated 29.07.2020.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. The petitioner is running a Modern Rice Mill and she is an authorized hulling agent of Tamil Nadu Civil Supplies Corporation from the year 2007. In the year 2020, she entered into a contract and every month 4,750 MT paddy would be supplied by the Tamil Nadu Civil Supplies Corporation. While being so, the petitioner was block listed for certain allegations. It was challenged before this Court in W.P.(MD)No. 24403 of 2024 and this Court by order dated 05.11.2024, dismissed the writ petition on the ground that the petitioner was served with show cause notice and only on receipt of the explanation from the petitioner, the final order was passed, thereby terminated the agreement dated 29.07.2020. It was challenged before the Hon'ble Division Bench of this Court in W.A.(MD)No.2359 of 2024 and this Court by order dated 2/5

18.11.2024 set aside the order passed by the second respondent, dated 04.10.2024 and remitted back to the second respondent for fresh consideration within a period of four weeks, after giving opportunity and partly allowed the Writ Appeal. Now, the enquiry is pending on the file of the second respondent. In the meanwhile, the petitioner submitted representation to supply monthly allotment of 4750 MT of paddy.

4. The enquiry is very much pending on the file of the second respondent in respect of termination of agreement and block listing the petitioner from awarding any contract from the respondents. When the enquiry is pending, the representation submitted by the petitioner cannot be granted.

5. On instructions, the learned Standing Counsel would submit that as directed by the Hon'ble Division Bench of this Court, the enquiry is under progress and it will be completed within a period of two weeks.

6. In view of the above, the representation submitted by the petitioner is pre-matured and it cannot be considered and the writ petition is devoid of merits and the same is liable to be dismissed. 3/5

7. Accordingly, this Writ Petition stands dismissed. The petitioner is at liberty to submit fresh representation, if she succeeds before the second respondent. No costs.

06.01.2025 Internet : Yes/No NCC : Yes / No LS To:-

1. The Managing Director Tamil Nadu Civil Supplies Corporation, Head Office, Chennai Metro Rail Office Complex, Poonthamalee Highway, Koyambedu, Chennai - 600 107.

2. The Sub Collector / Regional Manager, Tamilnadu Civil Supplies Corporation, Madurai Region, Madurai.

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G.K.ILANTHIRAIYAN , J.

LS Order made in Dated:

06.01.2025 5/5