Madras High CourtWP(MD)/8587/2010withdrawn dismissed

Rayalsseema Concrete v. Union Of India

2020-09-18Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.8587 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8587 of 2010 and M.P.(MD)No.1 of 2010 Rayalsseema Concrete Sleepers Pvt. Ltd., represented by its Chief General Manager, Railway Yard, Thirumangalam, Madurai - 625 706.

... Petitioner Vs.

1.Union of India, represented by Secretary to Government, Ministry to Government, Ministry of Finance, New Delhi.

2.The Assistant Commissioner of Central Excise, Madurai - 1 Division, Madurai.

3.The Chairman, Railway Board, Rail Bhawan, New Delhi.

... Respondents Prayer:

Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring that Section 11 AB of the Central Excise Act is unconstitutional and violative of Article 14 of the Constitution in respect of transactions between the petitioner and the Indian Railways. For Petitioner : Mr.Antony Arul Raj For R1 & R2 : Mr.B.Vijaya Karthikeyan For R3 : Mr.A.Uthaman

O R D E R

The learned counsel appearing for the petitioner seeks permission of this Court to withdraw this writ petition and also sent a letter to the Registry to this effect. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.8587 of 2010 2.Permission is granted. The writ petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AS) // True Copy // / /2020 Sub Assistant Registrar(CS) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Secretary, Union of India, Ministry to Government, Ministry of Finance, New Delhi.

2.The Assistant Commissioner of Central Excise, Madurai - 1 Division, Madurai.

3.The Chairman, Railway Board, Rail Bhawan, New Delhi.

+1 CC to M/s.J. IRULLAPPAN, Advocate ( SR-17357[F] dated 18/09/2020 ) W.P.(MD)No.8587 of 2010 18.09.2020 SE(CO) TR(18.09.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2