S.Senthil Kumar v. The Controller Of Legal Metrology

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and W.M.P(MD)No.15073 of 2019 S.Senthil Kumar ... Petitioner Vs.

1.The Controller of Legal Metrology, (Weights & Measures), Government Of Tamil Nadu, Chennai.

2.The Assistant Commissioner of Labour/ The Dy.Controller of Legal Metrology, Government of Tamil Nadu Dept of Labour, Madurai.

3.The Assistant Inspector of Labour/ The Legal Metrology Officer, Government of Tamil Nadu, Department of Labour (Weights and Measures), Circle-I, Madurai.

4.The Assistant Inspector of Labour/ The Legal Metrology Officer, Department of Labour (Weights and Measures), Circle-I, Madurai.

... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records, pertaining to the order passed by the controller of Legal Metrology Respondents in his Proceedings in No.N1/12512/2019, dated 16.07.2019 and quash the same.

For Petitioner : Mr.M.V.Venkataseshan For Respondents : Mr.VR.Shanmuganathan, Special Government Pleader

ORDER

This writ petition is filed seeking to quash the order passed by the Controller of Legal Metrology, in his Proceedings, in No.N1/12512/2019, dated 16.07.2019.

1/3

2.Mr.VR.Shanmuganathan, learned Special Government Pleader takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself.

3. The present writ petition is filed challenging the order of suspension of licence. From the impugned order, it is seen that before suspending the licence, the first respondent did not issue any notice to the petitioner to put-forth his case.

4. In view of the same, without deciding the issue on merits, the impugned order, dated 16.07.2019, in N1/12512/2019, is set aside and the matter is remitted back to the first respondent, directing him to consider the matter afresh and after giving an opportunity of hearing, pass orders, on merits.

5.With the above direction, the writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To 1.The Controller of Legal Metrology, (Weights & Measures), Government Of Tamil Nadu, Chennai.

2.The Assistant Commissioner of Labour/ The Dy.Controller of Legal Metrology, Government of Tamil Nadu Dept of Labour, Madurai.

3.The Assistant Inspector of Labour/ The Legal Metrology Officer, Government of Tamil Nadu, Department of Labour (Weights and Measures), Circle-I, Madurai.

4.The Assistant Inspector of Labour/ The Legal Metrology Officer, Department of Labour (Weights and Measures), Circle-I, Madurai.

2/3

+1 CC to M/s.T.N.RAJA GOPALAN, Advocate ( SR-86627[F] dated 13/09/2019 ) +1 CC to M/s.SPL GP ( SR-86910[F] dated 16/09/2019 ) 13.09.2019 am JM/25.09.2019/3P/7C 3/3