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Madras High CourtWP/36807/2007closed

M/S Abdul Samad Sahib & Sons v. The Union Of India

2023-04-10Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM [W.P.No.36807 of 2007] M/s. Abdul Samad Sahib & Sons Rep. by its Partner Mr.S.Abdul Wahid S/o Abdul Samad Carrying on business at Sunnambukara Street, Vellore Vellore District.

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Petitioner vs The Union of India Represented by the Ministry of Health and Family Welfare Government of India Having its Office at Nirman Bhavan New Delhi - 110 001.

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Respondents Common Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, declaring notification S.O.Mo.238 (E) dated 25.02.2004, issued by the respondent as unconstitutional, ultra vires, illegal, bad in law and null and void, insofar as the petitioner is concerned.

For Petitioner :

Mr.S.V.Radhakrishnan For Respondents :

Mr.J.Madanagopal Rao Senior Panel Counsel

COMMON ORDER The writ petitions on hand has been instituted to declare that the notification S.O.Mo.238 (E) dated 25.02.2004 issued by the respondent as unconstitutional, ultra vires, illegal, bad in law and null and void.

2. On account of efflux of time, the grounds raised in these writ petitions requires no further adjudication and more so, the issues are also settled during the pendency of the writ petitions.

3. In view of the above, these writ petitions stands closed. There will be no order as to costs.

Index : Yes/No 10.04.2023 drm To:

1. The Ministry of Health and Family Welfare The Union of India Government of India Having its Office at Nirman Bhavan New Delhi - 110 001.

S.M. SUBRAMANIAM, J.

drm 10.04.2023