Allowed

D.Prabakaran, v. The State of Tamil Nadu

Madras HC12 Mar 2024WP/3489/2019

Case brief

AI extract

What is this about?

This writ petition sought a mandamus directing the Tamil Nadu State Marketing Corporation Limited and others to implement the Code of Prevention and Detection of Fraudulent Acts 2014. The High Court directed the second respondent to supervise and ensure proper implementation.

What did the court decide?

Direction to the second respondent to supervise and ensure that the Code is properly implemented.

D.Prabakaran, Vs The State of Tamil Nadu — Service and Employment | Madras HC (2024)

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W.P.No.3489 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.03.2024

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CORAM :

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THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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W.P.No.3489 of 2019

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D.Prabakaran .. Petitioner

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1 The State of Tamil Nadu Rep. by Secretary to Government Home, Prohibition and Excise Department St. George Fort, Secretariat Chennai – 600009.

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2 Tamil Nadu State Marketing Corporation Limited Rep. by Managing Director CMDA Tower - II , IV Floor Gandhi Irwin Bridge Road Egmore, Chennai – 600008.

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3 The District Collector Coimbatore District.

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4 The Regional Manager 305A Vilankurichi Road Peelamedu Railway Station Back Side Chntamani Co-operative Society Depot Peelamedu Coimbatore – 641004. .. Respondents

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___________ Page 1 of 5_

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https://www.mhc.tn.gov.in/judis

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W.P.No.3489 of 2019

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Prayer: Petitions filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to implement and ensure the implementation of Code of Prevention and Detection of Fraudulent Acts in Tamil Nadu State Marketing Corporation Limited - 2014 in respect of issuing purchase bills, rendering periodical accounts to the government, maintaining hygienic condition and collection of license fee from bars, prevention of charging of excess rates in the TASMAC which is leading to loss of exchequer to the government by considering the representations dated 01.10.2018 and 29.10.2018.

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For the Petitioner : Mr.R.Prabakar

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For the Respondents : Mr.K.Karthik Jegannath Government Advocate for respondents 1 and 3

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: Mr.K.Sathish Kumar for respondents 2 and 4

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ORDER

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(Order of the court was made by the Hon'ble Chief Justice)

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The writ petition is filed seeking directions against the respondents to ensure the implementation of Code of Prevention and Detection of Fraudulent Acts in Tamil Nadu State Marketing Corporation Limited – 2014 [for brevity, “ the Code ”] by alleging

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.No.3489 of 2019

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that the purchase bills are not properly maintained; the periodical accounts are not submitted; and hygienic conditions are not maintained in the TASMAC shops and bars.

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A status report is filed by the second respondent. It gives the details of the number of TASMAC shops and bars. The details are also given of the number of shops in the Corporation areas, Municipality areas and the Town Panchayat areas. It is stated that tenders are floated so as to ensure increase of another 200 number of bars, so that there are adequate number of bars. Steps are also being taken to eradicate illegal bars.

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Learned counsel for the second respondent further submits that action is being taken against the erring shop and/or bar license holders. The licences are also regulated.

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The second respondent shall supervise and ensure that the

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Code is properly implemented.

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Page 3 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.No.3489 of 2019

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The writ petition is disposed of accordingly. There shall be no

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order as to costs.

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(S.V.G., CJ.) (D.B.C., J.) 12.03.2024 Index : Yes/No Neutral Citation : Yes/No sasi

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To 1 The Secretary to Government State of Tamil Nadu Home, Prohibition and Excise Department St. George Fort, Secretariat Chennai – 600009. 2 The Managing Director Tamil Nadu State Marketing Corporation Limited CMDA Tower - II , IV Floor Gandhi Irwin Bridge Road Egmore, Chennai – 600008. 3 The District Collector Coimbatore District. 4 The Regional Manager 305A Vilankurichi Road Peelamedu Railway Station Back Side Chntamani Co-operative Society Depot Peelamedu Coimbatore – 641004.

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___________ Page 4 of 5_

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https://www.mhc.tn.gov.in/judis

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W.P.No.3489 of 2019

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THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

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(sasi)

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W.P.No.3489 of 2019