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Madras High CourtWA/1452/2023disposed of

D.Kanagasabapathy v. Union Of India Rep By The

2023-07-10Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.07.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Dr.D.Kanagasabapathy ..

Appellant Vs.

1. Union of India Rep. by the Deputy Secretary to Government Ministry of Industry and Commerce Department of Industrial Policy and Promotion (Salt Section) Udhyog Bhawan, New Delhi.

2. The Salt Commissioner Lavan Bhawan, 2A, Lavanmarg JhalanaDoongri, Jaipur - 302 004.

3. The Deputy Salt Commissioner 26, Haddows Road Shastri Bhavan, Chennai - 06.

4. The Assistant Salt Commissioner O/o. The Deputy Salt Commissioner No.26, Haddows Road Shastri Bhavan, Chennai - 06.

..

Respondents

Prayer: Appeal filed under Clause 15 of the Letters Patent against the order in W.P.No.25646 of 2017 dated 22.12.2021. For the Appellant : Mr.P.G.Thiyagu For the Respondents : Mr.A.Kumaraguru

JUDGMENT

(Delivered by the Hon'ble Chief Justice) We heard Mr.P.G.Thiyagu, learned counsel for the appellant and Mr.A.Kumaraguru, learned counsel for the respondents.

2. Learned counsel for the appellant submits that the appellant had filed W.P.No.25646 of 2017 before the learned Single Judge with regard to the lease entered by the appellant for mining process. The lease amount was also challenged. The writ petitions were dismissed under a common judgment by the learned Single Judge in a batch of writ petitions.

3. The petitioners in the other writ petitions filed W.A.No.752 of 2022 with other connected appeals, challenging the said judgment of the learned Single Judge. In the writ appeals filed by those persons, directions were given that the writ appellants may individually or through Association seek appointment of the Arbitrator. However, considering the large number of litigants, this Court appointed a Former Judge of the Madras High Court, Mr. Justice V.Bharathidasan as the sole Arbitrator.

4. Learned counsel for the appellant submits that the present matter may also be referred to the learned Arbitrator.

5. Learned counsel for the respondents, on going through the appeal, accepts that the present appellant is similarly situated as the appellants in W.A.Nos.752 of 2022 and etc. batch decided under the common judgment of the Division Bench of this Court dated 01.08.2022.

6. In the light of that, we follow the same course and in view of that, the present matter may also be referred to Mr. Justice V.Bharathidasan, Former Judge of Madras High Court for arbitration.

7. The present appeal is disposed of on the same terms and conditions as the W.A.Nos.752 of 2022 and etc. batch, decided through the common judgment dated 01.08.2022. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 10.07.2023 Index : Yes/No drm

To

1. The Deputy Secretary to Government Union of India Ministry of Industry and Commerce Department of Industrial Policy and Promotion (Salt Section) Udhyog Bhawan, New Delhi.

2. The Salt Commissioner Lavan Bhawan, 2A, Lavanmarg JhalanaDoongri, Jaipur - 302 004.

3. The Deputy Salt Commissioner 26, Haddows Road Shastri Bhavan, Chennai - 06.

4. The Assistant Salt Commissioner O/o. The Deputy Salt Commissioner No.26, Haddows Road Shastri Bhavan, Chennai - 06.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm) 10.07.2023