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2018 Supreme(Mad) 1027

M.DURAISWAMY
Kalanithi Maran – Appellant
Versus
Union of India Through Secretary Ministry of Finance, North, New Delhi – Respondent


Advocates Appeared:
For the Petitioner:P.S. Raman Senior Counsel for M. Sneha, Advocate.
For the Respondents: G. Rajagopalan, A.S.G. Assisted by Hema Muralikrishnan, Senior Standing Counsel.

JUDGMENT :

1. The petitioner has filed the above writ petition to issue a Writ of Certiorari, to call for the records on the file of the 2nd respondent with respect to the impugned order dated 03.11.2014 and to quash the same.

2. The brief case of the petitioner is as follows :-

(i) According to the petitioner, he is merely a Non-Executive Chairman of the Board of Directors of the Company and not at all in charge or control of the day-to-day affairs and operations of the Company, which is professionally managed by its Managing Director and other Managerial Personnel. The company has its Corporate Head Office at Delhi from where it is managed and controlled. On the other hand, the petitioner is residing and carrying on business at Chennai. The petitioner neither receive any sitting fees for participating in the Board Meetings of the company nor draw any salary from the company as he is not an employee of the company. Therefore, he can never at any probability be considered as the "Principal Officer" of the company and especially so when the Managing Director of the Company, Mr. K. Natrajhen has also been held as the "Principal Officer" of the very same company under section 2(35) of th






































































































































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