WA No. 3754 of 2025 __________Page 1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-12-2025 CORAM THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE SHAMIM AHMED WA No. 3754 of 2025 AND CMP NO. 31028 OF 2025 1. The Secretary To The Government (Handlooms and Textiles Department), Government of Tamilnadu, Fort St. George, Chennai-600009. 2. The Director Department of Handlooms and Textiles, Kuralagam, II Floor, Chennai-600108. 3. The Convenor Tender Acceptance Committee for TAN II Scheme, Office of the Director Handlooms and Textiles, Kuralagam, II Floor, Chennai 600 018. ..Appellants Vs R. Madhusudhanan S/o.T.Ramakrishnan, New No.488, Old No.723, Poonamallee High Road, Aminjikarai, Chennai-29 ..Respondent Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dated 26.04.2023 in WP.No.20313 of 2018. For Appellants : Mr.Haja Nazrudeen Additional Advocate General assisted by Mr.U.Bharanidharan Special Government Pleader For Respondent : Mr.I.Abrar Mohamed Abdullah https://www.mhc.tn.gov.in/judis WA No. 3754 of 2025 __________Page 2 of 6 Judgment (Judgment of the Court was delivered by R.Suresh Kumar J.) This intra court appeal has been filed against the order passed by the learned Writ Court made in W.P.No.20313 of 2018. 2. The small issue that had been referred before the Writ Court in the said writ petition was, whether the penalty imposed by the appellant against the respondent contractor to the extent of Rs.12,23,516/- for the alleged delayed supply of pedal looms was justifiable or not. 3. As per the conditions of the contract, the total number of pedal looms ie., 650 Nos. of pedal looms should have been supplied on or before 11.05.2015. There are so many other conditions which have been imposed, but the only question here is, whether there has been any belated supply on the part of the respondent contractor. In this context, it is the definite case of the respondent writ petitioner that, within the last date ie., on or before 11.05.2015 the entire 650 looms have been supplied, the last consignment of 100 looms has been supplied on 25.04.2015, which has been received and acknowledged by the Assistant Director of Handlooms and Textiles. He has the full additional charge of Deputy Director who has given a stock entry certificate on that date itself, which reads as follows, https://www.mhc.tn.gov.in/judis WA No. 3754 of 2025 __________Page 3 of 6 STOCK ENTRY CERTIFICATE Certified that the items detailed in this invoice have been received in good condition as per the tender specification and the same has been entered in the Stock Register Page No.3, 9, 13, 17, 21 and 25, Vol.No.1 received on 25.04.2015. Certified that the quantity, rates and calculations are verified and found to be correct and this bill amount has not been drawn and paid before. Assistant Director of Handlooms & Textiles / Deputy Director (FAC) 3. When that being the position, the question of belated supply of the goods as claimed by the appellant Department does not arise. This position has been considered by the learned Writ Court and therefore the penalty imposed by the appellant in its proceedings dated 12.07.2017 was set aside and the appellant was further directed to refund the said amount of Rs.12,23,560/- which has been withheld without being paid to the respondent / writ petitioner being part of the contract money. 4. There is absolutely no reason whatsoever for us to interfere with the said order of the learned single Judge in view of the clinching evidence, which shows that the goods have been supplied on or before 11.05.2015, which was the last date as per the purchase order. Well ahead of the last date ie., 11.05.2015 since the looms were supplied on 25.04.2015 itself, for which proper acknowledgement has also https://www.mhc.tn.gov.in/judis WA No. 3754 of 2025 __________Page 4 of 6 been given by the Deputy Director (Full Additional Charge) ie., Assistant Director of Handlooms and Textiles on 25.04.2015 itself, the question of imposing any penalty does not arise. Hence, the order passed by the writ Court is to be sustained and accordingly it is sustained. The writ appeal fails and it is liable to be dismissed. Accordingly it is dismissed. The direction given by the learned Writ Court shall be complied with by the appellant Department within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. (R.S.K.,J.) (S.S.A.,J.) 11-12-2025 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST https://www.mhc.tn.gov.in/judis WA No. 3754 of 2025 __________Page 5 of 6 To 1. The Secretary To The Government (Handlooms and Textiles Department), Government of Tamilnadu, Fort St. George, Chennai-600009. 2. The Director Department of Handlooms and Textiles, Kuralagam, II Floor, Chennai-600108. 3. The Convenor Tender Acceptance Committee for TAN II Scheme, Office of the Director Handlooms and Textiles, Kuralagam, II Floor, Chennai 600 108. https://www.mhc.tn.gov.in/judis WA No. 3754 of 2025 __________Page 6 of 6 R.SURESH KUMAR J. AND SHAMIM AHMED J. KST WA No. 3754 of 2025 11-12-2025 https://www.mhc.tn.gov.in/judis