Madras High Court
E.Easwaramoorthy Asari vs The Deputy General Manager on 27 September, 2011
Author: Vinod K.Sharma
Bench: Vinod K.Sharma
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27/09/2011
CORAM
THE HONOURABLE MR. JUSTICE VINOD K.SHARMA
W.P.(MD)No.5053 of 2009
and
M.P(MD)No.1 of 2009
E.Easwaramoorthy Asari ..Petitioner
Vs
1. The Deputy General Manager,
Canara Bank Circle Office,
East Veli Street,
Madurai - 625 001.
2. The Assistant General Manager,
Canara Bank Regional Office,
10-B/1, Trivandrum High Road,
Opposite TVS,
Palayamkottai,
Tirunelveli - 627 002.
3. The Branch Mananger,
Canara Bank,
Azhagiapandiapuram,
Kanyakumari District. ..Respondents
Prayer
Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorari calling for the records
relating to the impugned notice vide reference No.Agri/1/2009/RM, dated
13.04.2009 issued by the third respondent and to quash the same.
!For Petitioner ... M/s.N.Krishnaveni
^For Respondents ... M/s.V.Ramalingam
:ORDER
The petitioner prays for issuance of a Writ in the nature of Certiorari, to quash the impugned notice, dated 13.04.2009 issued by the Branch Manager, Canara Bank, Azhagiapandiapuram, Kanyakumari District/third respondent herein.
2. The impugned notice reads as under:
CANARA BANK Azhiagiapandiapuram Agri/1/2009/RM. 13.04.2009.
To, E.Easwaramoorthy Asari, S/o. Easakimuthu Asari, Madavilagam, Azhagiapandiapuram Post.
Dear Sir, Sub: Termination from the services of jewel Appraiser. Ref: Your agreement dated 15.12.1984 entered with the bank.
..OOO..
As per paragraph 13 under page 5 of the above referred agreement for jewel appraiser services entered between you and Canara Bank, Azhagiapandiapuram Branch, we wish to terminate you from the services of jewel Appraiser,Canara Bank, Azhagiapandiapuram.
The contract shall come to an end from the expiry of one month from this date and receipt of this notice by you. In view of your old age, the bank has decided to terminate the contract. Bank decision is final.
Please note that not withstanding the termination of the contract, your liability as Jewel Appraiser of the bank in respect of this authorised agent's mistake, fraud, acts or other irregularities committed during the period of contract, but not decided at the time of termination shall not cease and you shall be liable to the bank for all losses expenses and charges payable in respect thereof including court costs etc, if any.
Please acknowledge of this notice of termination of Jewel Appraiser in the bank.
Thanking you, Yours faithfully, For CANARA BANK, MEENARAJ,R. Branch Manager, Azhagiapandiapuram.
3. A reading of the notice shows that a contract entered into between the parties, stands terminated as per the terms and conditions of the contract. Clause 13 of the contract, provided that the contract can be terminated with one month notice.
4. The contract is not statutory, which can entitle the petitioner to enforce its terms by invoking the writ jurisdiction of this Court.
5. If the petitioner is aggrieved by termination of the contract or violation or any terms thereof, the remedy with the petitioner is to claim damages, for breach of contract, if any.
6. This Court cannot force the respondents to enter into contract with a particular person, in absence of any statutory or legal obligations on the part of the respondents to take the services from petitioner alone.
7. The Writ Petition is totally misconceived, and is against settled law that no writ lies to enforce terms of non-statutory contract. In the case on hand, the termination is as per agreed terms.
8. No merit. Dismissed.
9. Consequently, connected Miscellaneous Petition is dismissed.
10. No costs.
vsn To
1. The Deputy General Manager, Canara Bank Circle Office, East Veli Street, Madurai - 625 001.
2. The Assistant General Manager, Canara Bank Regional Office, 10-B/1, Trivandrum High Road, Opposite TVS, Palayamkottai, Tirunelveli - 627 002.
3. The Branch Mananger, Canara Bank, Azhagiapandiapuram, Kanyakumari District.