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Madras High CourtWP(MD)/11508/2023disposed of

Paraneeswaran v. The General Manager

2023-07-20Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Paraneeswaran ... Petitioner Vs 1.The General Manager, Theni District Co-Operative Milk Producers Union Ltd, TID No.183, 3-1-11/1 Natesh Aparts, Amman Nagar, PC.Patti, Theni District.

2.The President, Unjampatti Panchayat, Theni Panchayath Union, Theni District.

3.C.Murugan ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the 1st respondent to expedite and conclude the enquiry proceedings as against the 3rd respondent, which is pending before him and consequently consider the order in Na.Ka.No.1131/Sales/2022, dated 12.05.2022 passed by the 1st respondent herein in the manner known to law within a stipulated time period as prescribed by this Court. 1/5

For petitioner : Mr.S.Saravanan For Respondent : Mr.J.Devasenan, No.1 Standing Counsel For Respondent :Mr.T.Wins No.3.

For Respondent : No appearance No.2

ORDER

The case of the petitioner is that the respondent has appointed the petitioner as an agent for Avin outlet in Unjampatti Village, Theni District. While so, the petitioner has challenged the order that even before this petitioner was identified, the 3rd respondent was issued with an order of allotment. Based on the petitioner's application, the earlier order appointing the 3rd respondent as agent was cancelled by the 1st respondent and similar order has been issued in favour of the writ petitioner. Aggrieved over the same, the 3rd respondent has filed a writ petition before this Court in WP(MD)No.11275 of 2022 challenging the order of allotment in favour of the petitioner and this Court by order dated 08.07.2022 has allowed the writ petition and the consequential order of cancellation as against the 3rd respondent and also directed the 1st respondent to conduct an enquiry by issuing notice to both parties and to take a decision. 2/5

2.In pursuance of the above direction, the petitioner and the 3rd respondent have submitted representations to the 1st respondent. However, no orders have been passed by the 1st respondent. Therefore, this writ petition is filed. 3.The learned Standing Counsel appearing for the 1st respondent submits that the enquiry is under progress and it would be concluded within a reasonable time.

4.Considering the submission made by the learned standing counsel for the 1st respondent, this writ petition is disposed of with a direction to the 1st respondent to conclude the pending enquiry within a period of four weeks from the date of receipt of a copy of this order, after affording opportunity of hearing to the parties. No costs.

20.07.2023 NCC : Yes/ No Internet : Yes/ No Index : Yes/ No dsk 3/5

To 1.The General Manager, Theni District Co-Operative Milk Producers Union Ltd, TID No.183, 3-1-11/1 Natesh Aparts, Amman Nagar, PC.Patti, Theni District.

2.The President, Unjampatti Panchayat, Theni Panchayath Union, Theni District.

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B.PUGALENDHI, J.

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