✦ High Court of India · 24 Apr 2025

High Court · 2025

Case Details High Court of India · 24 Apr 2025
Court
High Court of India
Decided
24 Apr 2025
Length
1,050 words

Acts & Sections

W.P.No.14629 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED :24.04.2025CORAMTHE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHYWrit Petition No.14629 of 2025& W.M.P.No.16517 of 2025Tamil Nadu Nugarporul Vaniba Kazaga Anaithu Thozhilalar Munnetra Sangam, Registration No:1534/MDU,Represented by its General Secretary,Mr.G.Jayasankar,Address:B7 Lakshminarayana Apartment, Old No.9, New No.11,Kumarappa Street, Nungambakkam, Chennai-600 034. ... Petitioner/versus/1. Tamil Nadu Civil Supplies Corporation, Represented by its Board of Directors,CMRL Depot, Poonamallee High Road, Koyembedu, Chennai 600 107.2. Managing Director, Tamil Nadu Civil Supplies Corporation, CMRL Depot, Poonamallee High Road, Koyembedu, Chennai – 600 107.3. General Manager (Administration), Tamil Nadu Civil Supplies Corporation, CMRL Depot, Poonamallee High Road, Koyembedu,Chennai – 600 107.1/10 https://www.mhc.tn.gov.in/judis W.P.No.14629 of 20254. The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, Regional Office, Sachidhananda Moopanar Road, Near Membalam,Tanjavur-613 001.5. The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation,Regional Office, Vilamal Post, Mannargudi Post, Thiruvarur-613 701.6. The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation,Collectorate Complex, Nagapattmam-611 001.7. The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation,Regional Office, Goundampalayam, Coimbatore-641030. 8. The Regional Manager,Tamil Nadu Civil Supplies Corporation,Regional Office, Vandavasi Road, Pallavan Nagar, Kancheepuram-631501. 9. The Regional Manager, Tamil Nadu Civil Supplies Corporation,Regional Office, Vellore Road, Vengaikal, Thiruvannamalai-606604. 2/10 https://www.mhc.tn.gov.in/judis W.P.No.14629 of 202510. The Regional Manager, Tamil Nadu Civil Supplies Corporation,Regional Office, BSNL Office Building, Thallakulam, Madurai-625002.11.The Regional Manager, Regional Office, Tamil Nadu Civil Supplies Corporation,Court Complex, Contonment, Trichy-620001. 12. The Regional Manager, Tamil Nadu Civil Supplies Corporation, Regional Office, Collectorate Complex,Sivagangai-630562. 13. The Regional Manager, Tamil Nadu Civil Supplies Corporation,Regional Office, No.9F St.Thomas Road, Maharaja Nagar, Palayamkottai, Tirunelveli-627011.14.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Regional Office, Nellikuppam Road, Semmandalam, Cuddalore-607001. 15. The Regional Manager, Tamil Nadu Civil Supplies Corporation, Regional Office, No.l, Chennai Road, Villupuram-605602. ... Respondents 3/10 https://www.mhc.tn.gov.in/judis W.P.No.14629 of 2025Prayer: Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation, dated 14.03.2025 and to write off all the loss suffered by the Tamil Nadu Civil Supplies Corporation during KMS 2020-2021 and 2021-2022, due to damage of paddy and discolouration rice on account of Monsoon and Natural disaster in term with the earlier proceedings issued by the second respondent dated 20/06/2022, 12/08/2022 and 28/02/2023 and direct the respondents to drop all further action for recovery against the employees, workers and labourers working in Tamil Nadu Civil Supplies Corporation.For Petitioner : Mr.R.RajarajanFor Respondents : Mr.C.Selvaraj, Senior Panel Counsel, (TNCSC), for R1 to R15O R D E RThe writ petition is filed for a mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 14.03.2025 and to write off all the loss suffered by the Tamil Nadu Civil Supplies Corporation during KMS 2020-2021 and 2021-2022 due to damage of paddy and discolouration rice on account of Monsoon and Natural disaster in term with the earlier proceedings issued by the second respondent dated 20.06.2022, 12.08.2022 and 28.02.2023 and direct the respondents to drop all further action 4/10 https://www.mhc.tn.gov.in/judis W.P.No.14629 of 2025for recovery against the employees, workers and labourers working in Tamil Nadu Civil Supplies Corporation.2. Upon hearing the Learned Counsel for the petitioner and the Learned Counsel appearing on behalf of the respondents, the grievance of the petitioner Trade Union is that when particular quantity of Paddy was stored in the open-cap storages and due to natural calamity, the Paddy got affected and there is discolouration of the rice, resulting loss to the Corporation. Now, by a decision dated 03.04.2025, the difference is caused is sought to be mulcted on the employees. On certain previous occasions, when the loss happened only because of natural calamities and not due to any omission or Commission on the part of the employees, the respondents themselves have absorbed of the loss and did not claim it from the employees. Therefore, the petitioner Trade Union has written to the first respondent to consider a similar exercise in the instant case also. 3. Without expressing any opinion with reference to the merits of the claim, it is for the first respondent to claim whether it was pure and simple due to natural calamity or not and whether as per their own rules the prayer of the petitioner has to be considered or not. 5/10 https://www.mhc.tn.gov.in/judis W.P.No.14629 of 20254. In any event, when the petitioner's Trade Union has made a representation on 07.04.2025, the writ petition is disposed of with the following limited relief.The first respondent shall take up the representation of the petitioner's Trade Union dated 07.04.2025 for consideration and pass orders thereon in accordance with law, within a period of eight (8) weeks, from the date of receipt of the web copy of the order without waiting for the certified copy of the order.Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs. 24.04.2025Neutral citation:No.bsmTo,1. The Board of Directors,Tamil Nadu Civil Supplies Corporation, CMRL Depot, Poonamallee High Road, Koyembedu, Chennai 600 107.6/10 https://www.mhc.tn.gov.in/judis W.P.No.14629 of 20252. Managing Director, Tamil Nadu Civil Supplies Corporation, CMRL Depot, Poonamallee High Road, Koyembedu, Chennai – 600 107.3. General Manager (Administration), Tamil Nadu Civil Supplies Corporation, CMRL Depot, Poonamallee High Road, Koyembedu,Chennai – 600 107.4. The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, Regional Office, Sachidhananda Moopanar Road, Near Membalam,Tanjavur-613 001.5. The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation,Regional Office, Vilamal Post, Mannargudi Post, Thiruvarur-613 701.6. The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation,Collectorate Complex, Nagapattmam-611 001.7. The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation,Regional Office, Goundampalayam, Coimbatore-641030. 8. The Regional Manager,7/10 https://www.mhc.tn.gov.in/judis W.P.No.14629 of 2025Tamil Nadu Civil Supplies Corporation,Regional Office, Vandavasi Road, Pallavan Nagar, Kancheepuram-631501. 9. The Regional Manager, Tamil Nadu Civil Supplies Corporation,Regional Office, Vellore Road, Vengaikal, Thiruvannamalai-606604. 10. The Regional Manager, Tamil Nadu Civil Supplies Corporation,Regional Office, BSNL Office Building, Thallakulam, Madurai-625002.11.The Regional Manager, Regional Office, Tamil Nadu Civil Supplies Corporation,Court Complex, Contonment, Trichy-620001. 12. The Regional Manager, Tamil Nadu Civil Supplies Corporation, Regional Office, Collectorate Complex,Sivagangai-630562. 13. The Regional Manager, Tamil Nadu Civil Supplies Corporation,Regional Office, No.9F St.Thomas Road, Maharaja Nagar, Palayamkottai, Tirunelveli-627011.14.The Regional Manager, Tamil Nadu Civil Supplies Corporation, 8/10 https://www.mhc.tn.gov.in/judis W.P.No.14629 of 2025Regional Office, Nellikuppam Road, Semmandalam, Cuddalore-607001. 15. The Regional Manager, Tamil Nadu Civil Supplies Corporation, Regional Office, No.l, Chennai Road, Villupuram-605602.16. The Government Pleader, High Court, Madras.9/10 https://www.mhc.tn.gov.in/judis W.P.No.14629 of 2025D.BHARATHA CHAKRAVARTHY, J.bsmWrit Petition No.14629 of 202524.04.202510/10

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