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Madras High CourtWMP(MD)/17852/2021closed

M/S. Amaravathi Textiles v. The Secretary (Textiles)

2021-12-06Honourable Mr Justice M. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Monday, the Sixth day of December Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice M.SUNDAR IN WP(MD)No. 21268 of 2021 M/S. AMARAVATHI TEXTILES REP. BY ITS MANAGING PARTNER, SHRI. M.SIVAKKANAN, ... PETITIONER/ PETITIONER Vs 1 THE SECRETARY (TEXTILES) MINISTRY OF TEXTILES, GOVERNMENT OF INDIA, UDYOG BHAVAN, NEW DELHI 110 011.

2 THE TEXTILE COMMISSIONER, NEW CGO BUILDING, NEW MARINE LINES, POST BAG NO.11500, MUMBAI 400 020.

3 THE ASSISTANT COMMISSIONER, NEW C.G.O. BUILDING, NO.48, NEW MARINE LINES, NISHTHA BHAVAN, MUMBAI 400 020.

4 THE ASSISTANT DIRECTOR, REGIONAL OFFICE OF THE TEXTILE COMMISSIONER, CHINTHAMANI CO-OP. SUPER MARKET COMPLEX, METTUPALAYAM ROAD, R.S.PURAM POST, COIMBATORE 641 002.

5 THE OFFICER-IN-CHARGE, REGIONAL OFFICE OF THE TEXTILE COMMISSIONER, COIMBATORE 641 002. ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to issue an order of Interim Stay of the impugned Letter No. 25(3)/ Misc./2019-20/Misc./PDC/RRTUFS/RO,CBE/14-15 dated 02.09.2021 issued by the 3rd respondent to the petitioner pending disposal of the present Writ Petition.

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Prayer in WP(MD). 21268/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, calling for the records of the impugned Letter No. 25(3)/Misc./2019-20/Misc./PDC/RRTUFS/RO,CBE/14-15 dated 02.09.2021 issued by the 3rd respondent to the petitioner and quash the same and consequently direct the 3rd respondent to condone the delay occurred in the case of the petitioner as special circumstances and evaluate the claim of the petitioner in accordance with the RRTUFS Scheme.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.VARSHA, Advocate for MR.G.ARUL MURUGAN , Advocate for the petitioner and of M/S.L.VICTORIA GOWRI,Assistant Solicitor General of India on behalf of the Respondents 1 to 5, the court made the following order:- Read this in conjunction with and in continuation of earlier proceedings dated 30.11.2021 made in the captioned Writ Miscellaneous Petition (WMP) by way of common proceedings in the captioned WMP along with the main writ petition.

2. Today, Ms.L.Victoria Gowri, learned Assistant Solicitor General of India accepted notice on behalf of all the five respondents in the main writ petition and sought time to get instructions.

3. Considering the nature of the matter and owing to the trajectory main WP has taken captioned WMP is disposed of as closed albeit preserving all the rights and contention of both sides and also preserving the rights of the petitioner / writ petitioner to seek any fresh interim order, if need arises. sd/- 06/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SECRETARY (TEXTILES) MINISTRY OF TEXTILES, GOVERNMENT OF INDIA, UDYOG BHAVAN, NEW DELHI 110 011.

2 THE TEXTILE COMMISSIONER, NEW CGO BUILDING, NEW MARINE LINES, POST BAG NO.11500, MUMBAI 400 020.

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3 THE ASSISTANT COMMISSIONER, NEW C.G.O. BUILDING, NO.48, NEW MARINE LINES, NISHTHA BHAVAN, MUMBAI 400 020.

4 THE ASSISTANT DIRECTOR, REGIONAL OFFICE OF THE TEXTILE COMMISSIONER, CHINTHAMANI CO-OP. SUPER MARKET COMPLEX, METTUPALAYAM ROAD, R.S.PURAM POST, COIMBATORE 641 002.

5 THE OFFICER-IN-CHARGE, REGIONAL OFFICE OF THE TEXTILE COMMISSIONER, COIMBATORE 641 002.

ORDER

IN IN WP(MD)No.21268 of 2021 Date :06/12/2021 vsm PKP/CN/SAR-4/09.12.2021/3P/6C 3/3