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Tamilnadu Civil Supplies v. M.Khader Mohideen - Writ Appeal No.1619 of 2002  RD-TN 769 (1 March 2007)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
The Honourable Mr. Justice P.SATHASIVAM
The Honourable Mr. Justice N.PAUL VASANTHAKUMAR
Writ Appeal No.1619 of 2002
W.A.M.P. No.2813 of 2002
1. Tamilnadu Civil Supplies Corporation Ltd.,
rep. by the Chairman cum Mg. Director,
42, Thambusamy Road,
Chennai 600 010.
2. The Senior Regional Manager,
Tamilnadu Civil Supplies corporation Ltd.,
Madras Region, No.7,
Chennai 86. ..Appellants Vs
1. M.Khader Mohideen
3. Padmini Amba Shankar
4. C.S. Nagarajan
5. C.S.Vasanthalakshmanan (minor)
6. C.S.A.Ganesh (Minor)
(Minors rep. by
Padmini Amba Shankar) ..Respondents Appeal against the order of the learned single Judge, dated 30.06.2000, made in W.P. No.14838 of 1992. For Appellants : Mr.M.Suresh Kumar For Respondents : No appearance. JUDGMENT
(Judgment of the Court was delivered by P.SATHASIVAM, J.) The above Writ Appeal is directed against the order of the learned single Judge, dated 30.06.2000, passed in W.P. No.14838 of 1992, in and by which, the learned Judge, accepting the case of the petitioners, allowed their writ petition.
2. Heard learned counsel for the appellants.
3. Learned counsel placed before us the proceeding of the Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, dated 21.06.1988. A perusal of the said proceeding shows that, though an opportunity was afforded to the writ petitioners, the authority, without calling for any explanation from them, determined the quantity of shortage, value etc. The proceeding further shows that the amount payable by each person is Rs.624.98. Prima facie, we are of the view that, even before calling for objections/explanation, the officer arbitrarily concluded that the shortage was caused at the instance of the writ petitioners and also worked out the actual loss. Though all the above mentioned relevant aspects have not been adverted to in the impugned order, the learned single Judge is right in concluding that, in the absence of proper enquiry, recovery cannot be effected. We agree with the said conclusion. It is brought to our notice that the fourth respondent viz., C.S.Nagarajan, is no more and that other respondents were not duly served with notice in the Writ Appeal. Taking note of the above aspect and in view of our conclusion on the merits of the case, we do not find any valid ground for interference. Writ Appeal fails and the same is dismissed. No costs. Connected Miscellaneous Petition is closed. JI.
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