M/S.Muthupandeeswari v. The Manging Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 29/04/2025

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs. JUSTICE S.SRIMATHY M.Muthupandeeswari ... Appellant/Petitioner v.

1.The Managing Director, Tamil Nadu Civil Supplies Corporation, Chennai.

2.The Regional Manager, Tamil Nadu Civil Supplies Corporation Madurai.

3.Sathiyakumar Superintendent, Business Section Tamil Nadu Civil Supplies Corporation Madurai.

4.Kadarsha Assistant Manager, - Business Tamil Nadu Civil Supplies Corporation Madurai ... Respondents PRAYER :- Writ Appeal filed under Clause 15 of Letters patent against the order of this Court dated 17.04.2025 in WP(MD). No.10675 of 2025. For Appellants : Mr.R.Suriya Narayanan 1/4

For Respondents : Mr.R.Satheesh for R1 & R2

JUDGMENT

(Judgment of the Court was delivered by S.SRIMATHY,J.) The writ appeal is directed against the order of the writ Court dated 17.04.2025 passed in WP(MD) No.10675 of 2025. 2.The writ petitioner is the appellant herein. 3.The writ petition was filed for a direction to the 1st respondent to consider the appeal filed by the petitioner/appellant. The writ Court dismissed the writ petition on the ground that the appellant has a remedy by way of arbitration. Aggrieved by the same, the petitioner/appellant is before this Court with this appeal.

4.The learned counsel for the appellant submitted that before exhausting the appeal remedy, the appellant cannot go for arbitration. 2/4

5. As per the agreement in Clause 42, against any order passed by the 2nd respondent, an appeal lies to the first respondent. Therefore, as per clause 42 of the agreement, the appellant is having appeal remedy before the Managing Director/first respondent. Hence, the order of the writ Court is set aside. Since the appellant has already filed an appeal before the first respondent, the first respondent shall consider the appeal and pass orders thereon within a period of eight weeks from the date of receipt of the judgment. Accordingly, the writ appeal is allowed. No costs.

[J.N.B.,J] [S.S.Y.,J] 29.04.2025 NCC : Yes/No Index : Yes/No RR To 1.The Managing Director, Tamil Nadu Civil Supplies Corporation, Chennai.

2.The Regional Manager, Tamil Nadu Civil Supplies Corporation Madurai.

3/4

J.NISHA BANU, J AND S.SRIMATHY, J.

RR

ORDER

IN WA(MD) No.1172 of 2025 Date : 29/04/2025 4/4