Bannari Amman Sugar Limited v. The Union Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.18145 of 2005 and W.M.P.No.19701 of 2005 Bannari Amman Sugars Limited, Represented by its Company Secretary having its registered office at 1212 Trichy Road, Coimbatore 641 018.
...Petitioner
Vs
1. Union of India, Represented by its Joint Secretary, Department of Economic Affairs Ministry of Finance, North Block, New Delhi 110 001.
2. The Commissioner of Central Excise (Adjudication) Room No.136, IP Estate, New Delhi 110 002.
3. ICICI Bank Limited having its office at ICICI Bank Towers Bandra-Kurla complex, Mumbai - 400 051.
4. Union of India Represented by its under Secretary, Central Board of Excise and Customs, Department of Revenue, Ministry of Finance, North Block New Delhi 110 001.
...Respondents
Prayer: The Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to forthwith communicate to the petitioner information regarding the nomination of any Line Ministry in terms of Notification No.108/1995 dated 28.08.1995 as amended by Notification No.4/1999 dated 11.02.1999.
For Petitioner : Mr.Vedachalam for Mr.R.Parthasarathy For Respondents : Mr.T.Pramod Kumar Chopda Senior Panel Counsel (for R1, R2 and R4) No appearance (for R3)
ORDER
The prayer sought for in the present writ petition is for issuance of writ of mandamus, directing the first respondent to communicate to the petitioner's information regarding the nomination of Line Ministry in terms of Notification dated 28.08.1995 as amended on 11.02.1999.
2. The issue as to whether such a request sought for in the present prayer is within the authority and demand of the first respondent herein and this Court may not be justified in stepping into the shoes of the first respondent to consider the prayer sought for in the writ petition. It is also seen that the petitioner has not made any prior request to the respondents/authorities before filing the present writ petition.
3. Even otherwise, it is seen that the writ petition was filed in the year 2005 and almost 14 years have lapsed. In view of the same, direction to the respondents at this stage, to consider the request of the petitioner may not be proper. Nevertheless , if the grievance of the petitioner still subsists, the petitioner can be granted liberty to approach the first respondent ventilating their grievances by way of fresh representation.
4. In the light of the above observations, the petitioner is granted liberty to make a representation to the first respondent ventilating their grievance. On receipt of the same, the first respondent shall consider the same on its own merits and in accordance with law, as expeditiously as possible.
5. With the above observation, this writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar
vum To
1. The Joint Secretary, The Union of India, Department of Economic Affairs Ministry of Finance, North Block, New Delhi 110 001.
2. The Commissioner of Central Excise (Adjudication) Room No.136, IP Estate, New Delhi 110 002.
3. ICICI Bank Limited having its office at ICICI Bank Towers Bandra-Kurla complex, Mumbai - 400 051.
4. The Under Secretary, The Union of India Central Board of Excise and Customs, Department of Revenue, Ministry of Finance, North Block New Delhi 110 001.
W.P.No.18145 of 2005 and W.M.P.No.19701 of 2005 ss[co] srg 27/07/2019