Regeena J.Murali v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :10.11.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W .P.No.29644 of 2022 Regeena J.Murali Jeppiaar Engineering College, Jeppiaar Nagar Rajiv Gandhi Salai, Semmanchery, Chennai 600 119 ... Petitioner Vs.

1.Union of India Represented by the Deputy Secretary to the Government Ministry of Industry and Commerce Department of Industrial police and Promotion (salt section) Udhyog Bhawan, New Delhi 110 011 2.Salt Commissioner LavanBawan, 2-A, Lavan Marg JhalanaDoongri, Jaipur 302 004 3.Deputy Salt Commissioner 26, Haddows Road, Shastri Bhavan Chennai 600 006 ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus, forbearing the respondents from demanding assignment fee, ground rent and penalty from the Page No.1 of 4

petitioner during the pandemic period for two consecutive years i.e. 2020 and 2021 in respect of lease deed dated 13.11.2009. For Petitioner : Mr.K.P.Sanjeev Kumar For Respondents : Mr.B.Rabu Manohar SCGC

O R D E R

Writ Petition is filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus, forbearing the respondents from demanding assignment fee, ground rent and penalty from the petitioner during the pandemic period for two consecutive years i.e. 2020 and 2021 in respect of lease deed dated 13.11.2009. 2.The petitioner has sought Mandamus, seeking exemption from demanding assignment fee, ground rent and penalty during the pandemic period for two consecutive years i.e. 2020 and 2021 in respect of lease deed dated 13.11.2009.

3.Mr.B.Rabu Manohar, the learned SCGC takes notice for the respondents and produced a copy of the order dated 09.11.2022 to the Page No.2 of 4

effect that the request of the petitioner seeking exemption from paying the assignment fee and ground rent has been rejected by the Government of India. The paragraph No.2 of the above order reads as follows; "2.It is reiterated that the Government of India has not provided any relief package for salt manufacturers for payment of Assignment fee and Ground Rent (pending Govt. dues) for the pandemic period. The Salt Department has extended relief / exgratia only for natural calamities like food, cyclone etc., So, the lessee is bound to pay the Assignment fee, ground Rent and Penal interest as per the lease deed conditions. The lessee has already been informed about this as stated in the above paragraph. 4.Such view of the matter, it is for the petitioner to challenge the above order passed by the Government of India as per law. This Writ Petition stands dismissed accordingly. No costs. 10.11.2022 kas Index: yes / no Internet: yes / no Speaking / Non speaking Page No.3 of 4

N.SATHISH KUMAR, J.

kas To 1.The Deputy Secretary to the Government Union of India Ministry of Industry and Commerce Department of Industrial police and Promotion (salt section) Udhyog Bhawan, New Delhi 110 011 2.Salt Commissioner LavanBawan, 2-A, Lavan Marg JhalanaDoongri, Jaipur 302 004 3.Deputy Salt Commissioner 26, Haddows Road, Shastri Bhavan Chennai 600 006 10.11.2022 Page No.4 of 4