Madras High Court
Tamilnadu Public Distribution ... vs The Principal Secretary To Government / ... on 19 October, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.A.(MD) No.2095 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A.(MD)No.2095 of 2024
and
C.M.P.(MD)No.14838 of 2024
Tamilnadu Public Distribution Employees Union,
(jkpo;ehL nghJ tpepNahf CopaH rq;fk;)>
35/26, Vadanantha Street,
Water Tank Road,
Nagercoil – 1,
Rep. by its General Secretary,
K.Kumari Selvan. ... Appellant
-vs-
1.The Principal Secretary to Government / The Commissioner,
Food and Consumer Protection (CA1) Department,
Ezhilagam, IV Floor, Chepauk, Chennai - 5.
2.The Registrar of Co-Operative Societies,
Kilpauk, Chennai - 10.
3.The Managing Director,
Tamil Nadu Civil Supplies Corporation,
Chennai - 10.
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W.A.(MD) No.2095 of 2024
4.The Regional Manager,
Tamil Nadu Civil Supplies Corporation,
Kanyakumari Region,
Konam, Nagercoil.
5.The District Supply Officer,
Collectorate Office, Nagercoil.
6.The Joint Registrar of Co-Operative Societies,
Collectorate Campus,
Nagercoil. ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent, against the order,
dated 19.06.2024, passed in W.P.(MD)No.12961 of 2024.
For Appellant : Mr.C.T.Perumal
For R1, R2, R5 and R6: Mr.P.T.Thiraviyam
Government Advocate
For R3 and R4 : Mr.G.Mohan Kumar
Standing Counsel
JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
Challenge in the Writ Petition was to the Circular issued by the first
respondent, fixing rates for the shortage of food grains that are found in the fair
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price shops. The Circular is only fixes the cost of the material. Whether there is
actual shortage or not, will be decided after proper enquiry. The Writ Court has
rejected the challenge on the ground that the apprehension of the appellant that
the salesmen are not allowed to weigh the grains when they are received, in order
to note in the Stock Register as to the actual quantity received is not justified.
This is not a ground to challenge the Circular. If any employee is charged
independently, he can always raise the issue. Hence, we are unable to fault the
Writ Court for having dismissed the Writ Petition. The Writ Appeal fails and it is
accordingly, dismissed. No costs. Consequently, connected Miscellaneous
Petition is closed.
NCC : No [R.S.M., J.] [L.V.G., J.]
Index : No 19.10.2024
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To
1.The Principal Secretary to Government / The Commissioner,
Food and Consumer Protection (CA1) Department,
Ezhilagam, IV Floor, Chepauk, Chennai - 5.
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2.The Registrar of Co-Operative Societies,
Kilpauk, Chennai - 10.
3.The Managing Director,
Tamil Nadu Civil Supplies Corporation,
Chennai - 10.
4.The Regional Manager,
Tamil Nadu Civil Supplies Corporation,
Kanyakumari Region,
Konam, Nagercoil.
5.The District Supply Officer,
Collectorate Office, Nagercoil.
6.The Joint Registrar of Co-Operative Societies,
Collectorate Campus,
Nagercoil.
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R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
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and
19.10.2024
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