The Coonoor Tea Estates Co. Ltd. v. the Assistant Executive Engi
Case brief
What is this about?
The Court was approached to quash a notice demanding a loan. Upon hearing, the respondent confirmed the loan granted to the petitioner was waived and recovery was not intended. The Court held that nothing remained for adjudication and closed the writ petition without costs.
What did the court decide?
No remedy granted; writ petition closed as the loan was waived and no recovery was proposed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.09.2019
CORAM
THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN
W.P.No. 32179 of 2004 and W.M.P.No.38963 of 2004
The Coonoor Tea Estates Company Limited Coonoor Tea Estate Spring Field Post Coonoor-643 104, rep. by its Manager ... Petitioner Vs 1. The Assistant Executive Engineer, Hill Area Development Project, Upper Coonoor, Coonoor-643 101, Nilgiris District. 2. The Tahsildar, Coonoor, Nilgiris District. 3. The State of Tamil Nadu, rep. by its Secretary to Government, Food & Agriculture Department, Fort St. George, Madras - 600 009 ...Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari or any other appropriate writ, order or direction calling for the records relating to the order of the second respondent in Proceedings No.Na.Ka.A6,Ka.Mu.667/04, dated 31.08.2004, quash the same.
This writ petition has been filed challenging the notice issued by the second respondent for collecting and demanding
Issues for consideration
2 issues framed by the court
Whether the writ petition requiring adjudication on a quashing application remains appropriate when the loan in question has already been waived.
Whether the matter requires adjudication given that the second respondent has confirmed no intention to recover the waived loan amount.
Parties & counsel
- petitioner
The Coonoor Tea Estates Company Limited
- respondent
The Assistant Executive Engineer, Hill Area Development Project
- respondent
The Tahsildar, Coonoor
- respondent
The State of Tamil Nadu
Coram
Case details
As recorded by the court registry
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