V.Vincent Velankanni v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.11.2022 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR V.Vincent Velankanni .. Petitioner Vs 1 The Union of India Rep. by its Secretary Ministry of Law and Justice 4th Floor, 'A' Wing, Shastri Bhawan New Delhi - 110 001.
2 The Defence Secretary Ministry of Defence 101-A, South Block New Delhi - 110 001.
3 The Chairman and DGOF Ordnance Factory Board 10A, S.K.Bose Road Kolkata - 700 001.
4 The General Manager Engine Factory, Avadi Chennai - 600 054.
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari to call for the records pertaining to Essential Defence Services Act, 2021 published by the first respondent vide Gazette Notification No.36, dated 12th August 2021, and quash it.
For the Petitioner : Mr.R.Rajesh Kumar For the Respondents : Mr.R.Rajesh Vivekanandhan Assistant Solicitor General
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed seeking issuance of a writ of certiorari to call for the records pertaining to Essential Defence Services Act, 2021 published by the first respondent vide Gazette Notification No.36, dated 12.8.2021, and quash the same.
2. This court, by order dated 22.10.2021, directed the petitioner to deposit a sum of Rs.25,000/- with the Registry within a fortnight from the date of the said order for issuance of a notice to the respondents. It was further observed that in the event the
challenge to the said Act is ultimately found to be frivolous, the amount deposited will be forfeited.
3. It is submitted by learned counsel for the petitioner that pursuant to the aforesaid order dated 22.10.2021, the petitioner deposited the sum of Rs.25,000/- on 10.11.2021. The said fact has also been recorded in the order dated 12.11.2021.
4. Now, learned counsel for the petitioner circulated a letter dated 28.11.2022 seeking leave of this court to withdraw the writ petition.
5. Mr.R.Rajesh Vivekanandhan, learned Assistant Solicitor General appearing on behalf of the respondents, submitted that the prayer made in the writ petition has become infructuous.
6. In view of the aforesaid submissions and the letter dated 28.11.2022 circulated by learned counsel for the petitioner, the writ petition is dismissed as withdrawn. There will be no order as to
costs. Consequently, W.M.PNos.23715 and 23716 of 2021 are closed.
The Registry is directed to refund to the petitioner the amount of Rs.25,000/- deposited by the him pursuant to the order dated 22.10.2021, on production of a copy of this order. (T.R., ACJ.) (D.K.K., J.) 30.11.2022 Index : No sasi To:
1 The Secretary Union of India Ministry of Law and Justice 4th Floor, 'A' Wing, Shastri Bhawan New Delhi - 110 001.
2 The Defence Secretary Ministry of Defence 101-A, South Block New Delhi - 110 001.
3 The Chairman and DGOF Ordnance Factory Board 10A, S.K.Bose Road Kolkata - 700 001.
4 The General Manager Engine Factory, Avadi Chennai - 600 054.
T.RAJA, ACJ.
AND D.KRISHNAKUMAR,J.
(sasi) 30.11.2022