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Madras High CourtWP(MD)/2049/2022dismissed as infructuous

Sathya Praveenkumar.V v. The Regional Manager

2025-01-09Honourable Mr Justice G.K. Ilanthiraiyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)No.1762 of 2022 V.Sathya Praveenkumar ... Petitioner Vs 1.The Regional Manager, Central Warehousing Corporation, Regional Office, Thiruvalluvar Illam, No.4, North Avenue, Sri Nagar Colony, Saidapet, Chennai - 600 015.

2.The Manager, Central Warehousing Corporation, No.10, Sipcot, Madurai Bye Pass Road, Korampallam, Thoothukudi - 628 101.

3.M/s Ekta Enterprises, Represented by its Partner Vikas Jain, Plot No.5, Mal Road Number-5, Umraar Vihar, Kanakpura, Jaipur, Rajasthan - 302 034.

4.M/s GPR Resources Private Limited, Represented by its Director, Gunavel Pon Ragu, No.136b/5, Toovipuram 10th Street, Thoothukudi.

5.Titus Samuvel ... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus forbearing the respondents 1 to 3 from removing the properties such as KALMAR (Container Handling Crane), Power generator, Furniture's, CCTV Camera, Laptop, Computer belonging to the third respondent from the premises of the second respondent and consequently direct the first and second respondents to take necessary action against the third respondent to recover the dues payable to the petitioner within a stipulated time fixed by this Court.

For Petitioner : Mr.R.Pon Karthikeyan For RR 1 & 2 : Mr.R.Thirunavukkarasu For R - 3 : Mr.Dinesh Bishnoi

ORDER

This Writ Petition has been filed by the petitioner forbearing the respondents 1 to 3 from removing the properties such as KALMAR (Container Handling Crane), Power generator, Furniture's, CCTV Camera, Laptop, Computer belonging to the third respondent from the premises of the second respondent and consequently direct the first and second respondents to take necessary action against the third respondent to recover the dues payable to the petitioner.

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2.When the matter is taken up for hearing today, the learned counsel appearing on either side submitted that the relief sought for in this writ petition has become infructuous. 3.Recording the said submission, this Writ Petition is dismissed as infructuous. However, the petitioner is at liberty to approach the civil Court to recover the dues payable to the petitioner as against the third respondent in the manner known to law, if so advised. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

09.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5

To 1.The Regional Manager, Central Warehousing Corporation, Regional Office, Thiruvalluvar Illam, No.4, North Avenue, Sri Nagar Colony, Saidapet, Chennai - 600 015.

2.The Manager, Central Warehousing Corporation, No.10, Sipcot, Madurai Bye Pass Road, Korampallam, Thoothukudi - 628 101.

3.M/s Ekta Enterprises, Represented by its Partner Vikas Jain, Plot No.5, Mal Road Number-5, Umraar Vihar, Kanakpura, Jaipur, Rajasthan - 302 034.

4.M/s GPR Resources Private Limited, Represented by its Director, Gunavel Pon Ragu, No.136b/5, Toovipuram 10th Street, Thoothukudi.

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G.K.ILANTHIRAIYAN, J.

ps Order made in 09.01.2025 5/5