Madras High Court
The Ex-Officio Secretary To ... vs M.Karunanidhi on 8 August, 2023
W.A.No.1084 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2023
CORAM :
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE P. B.BALAJI
W.A.No.1084 of 2012
1. The Ex-Officio Secretary to Government,
Co-operation Food and Consumer Protection Department,
Fort St. George, Madras-9.
2. The Collector of Tiruchirappalli District,
Trichy.
3. The Special Tahsildar, Civil Supplies,
Trichy District. ... Appellants
Vs.
1.M.Karunanidhi
2. The Managing Director,
Tiruchy Flour Mills Ltd., Tiruchy. ... Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order passed by this Court in W.P.No.9583 of 1991 dated 23.03.1999.
Page 1 of 6
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W.A.No.1084 of 2012
For Appellants : Mrs.Geetha Thamaraiselvan,
Special Government Pleader
For Respondents : Mr.Manjunath Karthikeyan
for Mr.S.R.Raghunathan - for R2
JUDGEMENT
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)
This Intra Court Appeal has been filed by the Department to set aside
the order passed by the learned single Judge in W.P.No.9583/1991 dated
23.03.1999, whereby the G.O.Ms.No.164, Co-operation Food and
Consumer Protection Department, dated 06.05.1991 passed against the writ
petitioners was scrapped.
2. A perusal of the records shows that, in this writ appeal, notice was
ordered on 15.06.2012. Thereafter, when the matter was listed on
03.04.2023, at request of the learned Government Pleader to take steps to
serve notice to the respondents, the matter was directed to be listed after
three weeks. Further, when the matter was listed on 26.04.2023, the matter
was directed to be listed after vacation to take steps to effect substituted
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W.A.No.1084 of 2012
service on the first respondent. Again, on 10.07.2023, three weeks time was
granted to the appellants to serve notice to the first respondent through
substituted service. Today also, no step was taken to effect substituted
service on the first respondent.
3. We have gone through the records.
4. In the G.O.Ms.No.164, Co-operation Food and Consumer
Protection Department, dated 06.05.1991, the appeal filed by the first
respondent, viz. M.Karunandhi against confiscation of 120 bags of wheat
and imposition of fine of Rs.25,000/- on him, was considered by the
Government and finally the fine amount of Rs.25,000/- was reduced to
Rs.20,000/-, however appeal was dismissed. The above Government order
was challenged by the first respondent herein before the writ court. The
learned Single Judge had considered the issue and discussed the matter on
merits and vide order dated 23.03.1999, had scrapped the above
G.O.Ms.No.164, dated 06.05.1991.
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W.A.No.1084 of 2012
5. It is to be noted that, as against the order passed by the Writ Court
dated 23.03.1999, the writ appeal has been filed by the Department only in
the year 2012. Though notice was ordered in the year 2012 itself and
sufficient opportunities were given to the appellants till the year 2023, they
have not taken steps to complete the service on the unserved respondent by
effecting substituted service.
6. Considering the above, we are of the view that the appellants are
not interested in prosecuting the case and hence, we are not inclined to
entertain this writ appeal.
7. Accordingly, this writ appeal is dismissed. No costs.
(D.K.K.J.) (P.B.B.J.)
08.08.2023
Internet: Yes/No
Index : Yes/No
mst
https://www.mhc.tn.gov.in/judis
W.A.No.1084 of 2012
To
1. The Ex-Officio Secretary to Government,
Co-operation Food and Consumer Protection Department,
Fort St. George, Madras-9.
2. The Collector of Tiruchirappalli District,
Trichy.
3. The Special Tahsildar, Civil Supplies,
Trichy District.
https://www.mhc.tn.gov.in/judis
W.A.No.1084 of 2012
D.KRISHNAKUMAR, J.
and
P. B.BALAJI, J.
mst
W.A.No.1084 of 2012
08.08.2023
https://www.mhc.tn.gov.in/judis
