Madras High CourtWP(MD)/5208/2016dismissed as withdrawal

T.V. Samuel v. Tamil Nadu Civil Supplies

2020-03-03Honourable Mr Justice P.D.Audikesavalu2 pages

W.P(MD).NO. 5208 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE P.D. AUDIKESAVALU W.P(MD).NO. 5208 of 2016 and WMP(MD).No.4663 of 2016 T.V. Samuel : Petitioner Vs.

1. Tamil Nadu Civil Supplies Corporation Ltd., rep. by its Managing Director, 12, Thambusamy Street, Kilpauk, Chennai - 600 010.

2.The Regional Manager, Tamil Nadu Civil Supplies Corporation Ltd., Perambalur Division, Perambalur, Perambalur District.

3.The Deputy Regional Manager, Tamil Nadu Civil Supplies Corporation Limited, Perambalur Division, Perambalur, Perambalur District.

: Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the Notice in Na.Ka.No.B1/1022/2006, dated 27.01.2016 issued by the 3rd respondent and quash the same and consequently, direct the respondents to pay Rs.4,15,000/- due to the petitioner along with 12% interest from 26.02.2007 within a time frame to be fixed by this Court.

For Petitioner : Mr. A.Thirumurthy For Respondents : Mr. P. Seetharaman for Mr.S. Ramasamy

ORDER

When it is pointed out that the Petitioner has got an effective alternative remedy by arbitration as per Clause 50 of the Tender Contract between the parties, Learned Counsel appearing for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort the same. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD).NO. 5208 of 2016

2. Accordingly, this Writ Petition is dismissed as Withdrawn granting such liberty. It is made clear that for the purpose of computation of limitation for such proceeding, the period from the date of filing of the Writ Petition i.e., 14.03.2016, till the date on which certified copy of this order is made ready by the Court Registry shall be excluded. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CO) // True Copy // / /2020 Sub Assistant Registrar(CS) trp To

1. The Managing Director, Tamil Nadu Civil Supplies Corporation Ltd., 12, Thambusamy Street, Kilpauk, Chennai - 600 010.

2.The Regional Manager, Tamil Nadu Civil Supplies Corporation Ltd., Perambalur Division, Perambalur, Perambalur District.

3.The Deputy Regional Manager, Tamil Nadu Civil Supplies Corporation Limited, Perambalur Division, Perambalur, Perambalur District.

+1 CC to M/s.A.THIRUMURTHY, Advocate SR-9874[F] dated 03/03/2020 +1 CC to M/s.S.RAMASAMY, Advocate SR-10086[F] dated 04/03/2020 W.P(MD).NO. 5208 of 2016 and WMP(MD).No.4663 of 2016 03.03.2020 MA(CO) TR(17.03.2020)2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2