STATE OF TAMIL NADU Vs. D SUBRAMANIAN

JUDGEMENT

(1.) THE present Writ Appeal has been preferred by the Government against the order passed by the learned Single Judge of this Court in W. P. No. 10833 of 1994, whereby the initiation of recovery proceedings by the 3rd appellant in Memo no. 9193/9/90/a1, dated 13. 06. 1994 was quashed.

(2.) BRIEF facts of the case are as follows:-The writ petitioner (the respondent in the Writ Appeal), who is a registered contractor, was executing various works entrusted with him by appellants 2,3 and 4. While executing a work on the basis of the allotment of work by the 4th appellant, due to his non-completion of work within a stipulated period, he was asked to pay a sum of Rs. 1,33,965/-, which was calculated as loss to the fisheries Department. Even after repeated demands made by the said Department, the contractor failed to pay the said amount. Aggrieved by the same, the fisheries Department requested the 5th and 6th appellants to invoke the provisions of Revenue Recovery Act to recover the said amount. In the above said circumstances, the 3rd appellant initiated the recovery proceedings under the above said Memo No. 9193/9/90/a1, dated 13. 06. 1994. Whereby the 3rd appellant inform the contractor, the payment due to him will be deferred until compliance of the payment to the Fisheries Department.

(3.) THE said Memo dated 13. 06. 1994 was challenged by the contractor before the learned single Judge on the main ground that he was not given proper opportunity and the entire proceedings were initiated and decided without notice.