Madras High CourtWP(MD)/14333/2020closed

P.Senthilkumar v. The Managing Director

2021-11-30Honourable Mr Justice B.Pugalendhi2 pages

W.P(MD)No.14333 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 30.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.14333 of 2020 and W.M.P(MD)No.11984 of 2020 P.Senthil Kumar ... Petitioner Vs 1.The Managing Director, Tamil Nadu State Marketing Corporation Limited [TASMAC], 4th Floor, CMDA Towers, Gandhi Irwin Bridge Road, Egmore, Chennai.

2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd [TASMAC], Collector Office Old Building, 1st Floor, Trichy.

3.The District Manager / Deputy Collector, Tamil Nadu State Marketing Corporation Ltd [TASMAC], Thanjavur, Thanjavur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus, directing the respondents particularly 3rd respondent not to initiate recovery proceedings against the petitioner for the recovery of the amount to the tune of Rs. 3,63,240/- towards penalty, 24% interest and GST for the alleged deficit stock amount at Rs.5,70,060/- as mentioned in the show cause notice dated 21.05.2020 without holding any enquiry as contemplated under the law of the land in the light of the explanation of the petitioner dated 18.07.2020.

For Petitioner : Mr.B.Prahalad Ravi For Respondents : Mr.H.Arumugam, Standing Counsel

ORDER

When the matter is taken up for hearing, learned Counsel for the respondents submitted that the penalty amount has been paid by the petitioner and as such the matter has become infructuous. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.14333 of 2020 2.Recording the above submission, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) dsk Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Managing Director, Tamil Nadu State Marketing Corporation Limited [TASMAC], 4th Floor, CMDA Towers, Gandhi Irwin Bridge Road, Egmore, Chennai.

2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd [TASMAC], Collector Office Old Building, 1st Floor, Trichy.

3.The District Manager / Deputy Collector, Tamil Nadu State Marketing Corporation Ltd [TASMAC], Thanjavur, Thanjavur District.

+1 CC to M/s.H.ARUMUGAM, Advocate ( SR-36915[F] dated 01/12/2021 ) W.P(MD)No.14333 of 2020 30.11.2021 PS(CO) KB(21.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2