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M/s. V.K.T. Rajkumar Garments v/s The Colonel, Colonel Administration for Commendent, Chennai & Others

    W.P.No.11425 of 2002
    Decided On, 28 February 2011
    At, High Court of Judicature at Madras
    By, THE HONOURABLE MR. JUSTICE VINOD K. SHARMA
    For the Petitioner: R. Sampath Kumar, Advocate. For the Respondents: R1 & R2 - Mrs.S. Seethalakshmi, Advocate.


Judgment Text
(Prayer: Writ petition has been filed under Article 226 of the Constitution of India to issue a writ of Certiorari, calling for the records of the first respondent in impugned order No.875/Q dated 30.3.2002 and quash the same.)

The petitioner has approached this Court with the prayer for issuance of a writ in the nature of Certiorari to quash the impugned order dated 30.03.2002 vide which tailoring contract of the petitioner was terminated. The impugned order reads as under:

"Afsar Prashikshan Academy

Officers Training Academy,

Chennai 600 016.

875/Q 30 March 2002

TERMINATION OF CONTRACT

1. As per the contractual agreement executed by you, the tailoring contract for Gcs/LCs stands terminated on 31 March 2002(AN).

2. You are, therefore, requested to take the following action immediately for final clearance from this Academy.

(a) Clear rent, electricity and water charges upto 31 March 2002 (AN).

(b) Furnish account for all material issued to you by QM/Shopping complex OTA for fabrication of Uniforms/dress.

(c) Return balance of cloth to the QM/Shopping complex on proper documents.

(d) Handover building, fixtures & fitting.

(e) Return the passes issued to all the employees to Adm. Section

(f) Clear all dues to the Academy.

3. All eqpt./items belonging to you agency will be taken out of the OTA premises only after the full clearance is obtained by you.

Sd/-

(PC Dhanraj)

Col.

Col. Adm.

for Commandant"

2. The reading of the impugned order would show that the petitioner is challenging termination of a contract, the writ petition therefore is not competent in view of the decision of this Court in W.P.No.2732 o

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f 2010 decided on 11.02.2011. In any case with the passage of time, the relief claimed, in the writ petition, has been rendered infructuous. 3. The writ petition is accordingly dismissed. No costs.
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