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Madras High CourtWP/3433/2011withdrawn dismissed

Pepsico India Holdings Pvt. v. State Of Tamil Nadu,

2018-12-07Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2018 CORAM :

THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR W.P. No.3433 of 2011 and MP. No.1 of 2011 PepsiCo India Holdings Pvt. Ltd.

Represented by Mr.N.Murali Krishna, Manager - Sales and Accounting ...Petitioner Vs.

1.State of Tamil Nadu, through the Secretary, Department of Law, Secretariat, Chennai - 600 009.

2.State of Tamil Nadu, through the Secretary, Department of Home, Prohibition and Excise, Secretariat, Chennai - 600 009.

3.State of Tamil Nadu, through the Secretary, Department of Consumer Protection Ezhilagam, Chepauk, Chennai 600 005. ...Respondents PRAYER:

The Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Declaration, declaring the Tamil Nadu Prize Schemes (Prohibition) Act, 1979 (Act No.56 of 1979) as ultra vires and unconstitutional. For Petitioner : Mr.Krishna Srinivasan for M/s.S.Ramasubramaniam For Respondents : Mr.L.P.Shanmugasundaram, Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The learned counsel for the petitioner sought permission of this Court to withdraw this writ petition, as far as challenging the scheme and Act. He further requested to grant liberty, if any individual action is taken against the petitioner. He has also made an endorsement to that effect.

2. In view of the endorsement made by the learned counsel for the petitioner, the writ petition is dismissed as withdrawn, with liberty to the petitioner to seek his remedy, if it is permissible under law. Consequently, connected miscellaneous petition is also closed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar avr To 1.The Secretary, Department of Law, Secretariat, Chennai - 600 009.

2.The Secretary, Department of Home, Prohibition and Excise, Secretariat, Chennai - 600 009.

3.The Secretary, Department of Consumer Protection Ezhilagam, Chepauk, Chennai 600 005.

+1cc to Mr.S.Ramasubramanian Associates, S.R.No.84516 +1cc to the Government Pleader, S.R.No. 85127 W.P. No.3433 of 2011 and MP. No.1 of 2011 RGN(CO) GN(12/02/2019) https://hcservices.ecourts.gov.in/hcservices/