Madras High CourtWP(MD)/12491/2017disposed of

M/S.Sree Pandian Spinning Mill v. The Joint Director General

2017-08-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.12491 of 2017 and M.P.(MD)Nos.9634 & 9635 of 2017 M/s.Sree Pandian Spinning Mill (P) Ltd., 200, Ramamoorthy Road, Virudhunagar, Tamil Nadu-626 001.

..Petitioner Vs 1.The Joint Director General of Foreign Trade, Plot No.117, 1st Main Road, K.K.Nagar, Madurai-20.

2.The Chief Secretary to Govt of Tamil Nadu, Secretariat, Chennai, Tamil Nadu.

3.The Tahsildar(Revenue Recovery), Virudhunagar, Virudhunagar District, Tamil Nadu.

4.The Additional Director General of Foreign Trade, No.26, Shastri Bhavan, Haddows Road, Chennai-600 006.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records from the first respondent herein and quash the letter, dated 13.07.2015 issued from file No.35/21/21/391/AM07/ECA addressed to the Chief Secretary to Government of Tamil Nadu viz., second respondent herein. For Petitioner : Mr.S.Jaikumar For R1 & R4 : Mrs.S.Srimathi For R2 & R3 : Mr.G.Muthukannan Government Advocate

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Certiorari, calling for the records from the first https://hcservices.ecourts.gov.in/hcservices/

respondent herein and quash the letter, dated 13.07.2015 issued from file No.35/21/21/391/AM07/ECA addressed to the Chief Secretary to Government of Tamil Nadu viz., second respondent. 2.Heard Mr.S.Jaikumar, learned counsel appearing for the petitioner, Mr.A.Muthukannan, learned Government Advocate, appearing for the respondents 2 and 3 and Mr.S.Srimathi, learned counsel appearing for the respondents 1 and 4. 3.The main grievance of the petitioner is that when the appeal preferred by the petitioner against the order of the first respondent before the fourth respondent is pending, the impugned order came to be passed for recovery of about Rs.8,00,000/- . 4.In the light of the above fact, this Court, without going into the merits of the case, directs the fourth respondent to pass orders on the appeal of the petitioner on merits and in accordance with law as expeditiously as possible. Till then, the order impugned in this Writ Petition shall be kept in abeyance .

5. With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous petitions are closed.

SdAssistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To 1.The Joint Director General of Foreign Trade, Plot No.117, 1st Main Road, K.K.Nagar, Madurai-20.

2.The Chief Secretary to Govt of Tamil Nadu, Secretariat, Chennai, Tamil Nadu.

3.The Tahsildar(Revenue Recovery), Virudhunagar, Virudhunagar District, Tamil Nadu. 4.The Additional Director General of Foreign Trade, No.26, Shastri Bhavan, Haddows Road, Chennai-600 006.

+One cc to The Special Government Pleader, SR.No.73850 +One cc to Mr.S.Jaikumar, Advocate, SR.No.74157 TA/PS RL/7C/2P/MR/KKR/SAR3/4/9/2017 W.P(MD)No.12491 of 2017 and M.P.(MD)Nos.9634 & 9635 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 21.08.2017