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Madras High CourtWP/6002/2004dismissed

Tamilnadu Industrial Explosive v. Union Of India, Rep By Its

2017-10-04Honourable Mr Justice S. Vaidyanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.6002 of 2004 and W.M.P.No.7020 of 2004 Tamilnadu Industrial Explosives Limited, Rep. by its Chairman and Managing Director, No.15, Kannaiah Street, T.Nagar, Chennai-600 017.

.. Petitioner

Versus

1. Union of India rep. by its Joint Secretary, Ministry of Industries and Commerce, Department of Industrial Policy and Promotions, Udhyog Bhavan, New Delhi-110 002.

2. The Chief Controller of Explosives, "A" Block, 5th Floor, CGO Complex, Seminary Hills, Department of Explosives, Government of India, Nagpur-440 006.

.. Respondents Prayer: Petition filed under Article 226 of The Constitution of India praying to issue a writ of Certiorarified Mandamus, calling for the records of the notification of the first respondent in No.GSR 59E dated 21.01.2004 published in Gazette of India Extraordinary dated 21.01.2004 and quash the same and consequently direct the respondents to permit the petitioner to function as per the terms of the letter no.C.II(1)77/NG/II, dated 10.05.2002 issued by the first respondent for a period from April, 2004 to April, 2006.

For Petitioner : Mr.M.A.Abdul Wahab For Respondents: Mr.J.Madana Gopal Rao,SCGSC (for R1) Mr.K.Sridhar (for R2)

O R D E R

The petitioner has come forward with above writ petition praying to issuance a Writ of Certiorarified Mandamus to call for the records of the notification of the first respondent in No.GSR 59E dated 21.01.2004 published in Gazette of India Extraordinary dated 21.01.2004 and quash the same and consequently direct the respondents to permit the petitioner to function as per the terms of the letter No.C.II(1)77/NG/II, dated 10.05.2002 issued by the first respondent for a period from April, 2004 to April, 2006.

2. The relief sought for the petitioner no longer exists. When the matter was taken up for hearing on 26.07.2017, this Court observed that the petitioner may make a representation narrating all the events subsequent to the filing of writ petition and if any such representation is made to the respondents within one week from that date, the same can be considered by the respondents within three weeks thereafter.

3. Mr.J.Madana Gopal Rao, learned SCGSC appearing for the first respondent submitted that there is no representation from the petitioner and hence, the request could not be considered. Learned counsel for the petitioner submitted that the petitioner has already made a representation and no orders have been passed on the same. Admittedly, no communication sent to the respondents, had been produced before this Court. Taking note of the fact that the period question for which the relief is sought for in this Writ Petition, is no longer in existence and hence, nothing survives for consideration in this Writ Petition. Hence, the writ petition dismissed of. However, if any representation is made by the petitioner, the respondents are not precluded from considering the representation of the petitioner in accordance with law. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mm

To

1. The Joint Secretary, Ministry of Industries and Commerce, Department of Industrial Policy and Promotions, Udhyog Bhavan, New Delhi-110 002.

2. The Chief Controller of Explosives, "A" Block, 5th Floor, CGO Complex, Seminary Hills, Department of Explosives, Government of India, Nagpur-440 006.

+ 1 cc to M/s. K. Sridhar Associates, SR.71149 + 1 cc to M/s. K.V. Subramanian, Advocate SR.71268 + 1 cc to M/s. J. Madanagopal Rao, Advocate SR.71443 W.P.No.6002 of 2004 PPA(CO) EU(31/10/2017)