Madras High CourtWP/25206/2018disposed of

M/S.Titanium Equipment And v. Union Of India, Rep By The

2018-09-253 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No. 25206 of 2018 and W.M.P.Nos.29299, 29300 and 29301 of 2018 M/s. Titanium Equipment & Anode, Manufacturing Company Ltd., Rep. by its General Manager (F&A) TEAM House, G.S.T. Road, Vandalur, Chennai - 600 048. .. Petitioner Vs 1.Union of India, Rep. by the Deputy Secretary to The Government Ministry of Industry & Commerce Department of Industrial Policy & Promotion (Salt Section) UdhyogBhavan, New Delhi.

2.The Salt Commissioner, Government of India, 2-A, Lavan Marg, LavanBhavan, JhalanaDoorngri, Jaipur-302004.

3.The Deputy Salt Commissioner, Government of India, 26, Haddows Road, Shastri Bhavan, Chennai - 600 006. ..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Writ of Certiorarified Mandamus calling for the records of the first respondent culminating the impugned order published in the Gazette of India No.43, under S.No.2301 (number 04014/1/2010) dated 09.10.2013 quash the same and further direct the third respondent to allow the petitioner company to continue the salt manufacture by extending the lease period of 20 years based on the letter dated 05.04.2018 and 28.08.2018.

For Petitioner : Ms.R.PriyaKumar For Respondents : Mr.K.Raju, Central Government Standing Counsel

ORDER

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 2.According to the learned counsel for the petitioner, though the petitioner has come up with this writ petition challenging the impugned order dated 09.10.2013 published by the first respondent in the Gazette of India No.43, under S.No.2301, he confines the same only to the extent of seeking a direction to the third respondent to allow their company to continue the salt manufacture by extending the lease period of 20 years based on the letter dated 05.04.2018 and 28.08.2018.

3.According to the learned counsel for the petitioner, the petitioner has submitted the letters dated 05.04.2018 and 28.08.2018 claiming the same relief as prayed in this writ petition, but, the same are yet to be disposed of by the respondents. However, the learned counsel submitted that it would suffice, if the said letters made by the petitioner are directed to be considered by the respondents, on merits.

4.Mr.K.Raju, learned Central Government Standing Counsel taking notice for the respondents, submitted that the respondents be directed to consider the petitioner's letters and pass orders in accordance with law. 5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the respondents to consider the petitioner's letters dated 05.04.2018 and 28.08.2018, keeping in mind the order passed by this Court in W.P. No.14528 of 2017 dated 12.06.2017 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, on or before 05.10.2018.

6.Accordingly, this writ petition stands disposed of. Consequently, connected W.M.Ps are closed. No costs. Sd/- Assistant Registrar(CS ix) //True Copy// Sub Assistant Registrar vga To 1.Union of India, Rep. by the Deputy Secretary to The Government Ministry of Industry & Commerce Department of Industrial Policy & Promotion (Salt Section) UdhyogBhavan, New Delhi.

2.The Salt Commissioner, Government of India, 2-A, Lavan Marg, LavanBhavan, JhalanaDoorngri, Jaipur-302004.

3.The Deputy Salt Commissioner, Government of India, 26, Haddows Road, Shastri Bhavan, Chennai - 600 006.

+2cc to Ms.R.PriyaKumar , Advocate SR.No. 66231,67109 +1cc to Mr.K.Raju , Advocate SR.No. 66870(28/09/2018) W.P.No. 25206 of 2018 and W.M.P.Nos.29299, 29300 and 29301 of 2018 ASK(27/09/2018)