Madras High CourtWP(MD)/19490/2021disposed of

Thamilarasan.K v. The Managing Director

2021-10-29Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P(MD) No.19490 of 2021 and W.M.P(MD)No.16193 of 2021 Mr.K.Thamilarasan ... 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 Limited (TASMAC), Plot No.100, Anna Nagar, Madurai.

3.The District Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), Madurai North, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus, forbearing the Respondent No.3 from imposing penalty upon the Petitioner without conducting enquiry and without providing opportunity to the Petitioner to cross examine as contemplated under Clause 6(e) of the Code of Prevention and Detection of Fraudulent Acts in Tamil Nadu State Marketing Corporation Limited - 2014 (The "Code"). For Petitioner :Mr.T.Lajapathi Roy For Respondents : Mr.H.Arumugam, Standing Counsel.

O R D E R

This Writ Petition has been filed for the issue of a Writ of Mandamus, forbearing the Respondent No.3 from imposing penalty upon the Petitioner without conducting enquiry and without providing opportunity to the Petitioner to cross examine as 1/3

contemplated under Clause 6(e) of the Code of Prevention and Detection of Fraudulent Acts in Tamil Nadu State Marketing Corporation Limited - 2014.

2. The petitioner has filed this writ petition on the apprehension that the respondents imposed penalty upon the petitioner without conducting any enquiry and without giving opportunity as contemplated under Clause 6(e) of the Code of Prevention and Detection of Fraudulent Acts in Tamil Nadu State Marketing Corporation Limited - 2014.

3. The learned Standing Counsel appearing for the respondents Corporation, on instructions, undertakes that the respondents will follow the procedure as contemplated under the Code of Prevention and Detection of Fraudulent Acts in Tamil Nadu State Marketing Corporation Limited - 2014, by giving opportunity to the petitioner and pass a final order.

4. Recording the undertaking given by the learned Standing Counsel appearing for the respondents Corporation, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) vsm 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.

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2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), Plot No.100, Anna Nagar, Madurai.

3.The District Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), Madurai North, Madurai District.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-33559[F] dated 02/11/2021 ) +1 CC to M/s.H.ARUMUGAM, Advocate ( SR-33475[F] dated 01/11/2021 ) W.P(MD) No.19490 of 2021 and W.M.P(MD)Nos.16193 of 2021 29.10.2021 RK/PM(19/11/2021) 3P 6C 3/3