Madras High Court
Ragavan vs The Union Of India on 3 August, 2023
W.A.(MD) No.1257 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.(MD) No.1257 of 2023
Ragavan ... Appellant
-vs-
1.The Union of India
represented by the Deputy Secretary
to the Government
Ministry of Industry and Commerce
Department of Industrial Policy and Promotion
(Salt Section)
Udhyog Bhawan, New Delhi
2.The Salt Commissioner
Lavan Bhawan
2-A Lavan Marg
Jhalana Doongri, Jaipura-302 004
3.The Deputy Salt Commissioner
No.26, Haddows Road
Shastri Bhavan, Chennai-600 006 ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order, dated 21.12.2022, passed in W.P.(MD) No.15464 of 2015, on the file of
this Court.
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W.A.(MD) No.1257 of 2023
For Appellant : Mr.R.Gowrishankar
For Respondents : Mr.K.Govindarajan
Deputy Solicitor General of India
JUDGMENT
[Judgment of the Court was made by S.S.SUNDAR, J.]
This writ appeal is directed against the order of the learned Single
Judge, dated 21.12.2022, passed in W.P.(MD) No.15464 of 2015.
2. The appellant herein is the son of the writ petitioner, who filed
W.P.(MD) No.15464 of 2015 challenging the Gazette Notification, dated
09.10.2013, insofar as it relates to renewal of lease period and to direct the
first respondent to continue to renew the lease period on certain conditions.
3. The learned Single Judge, by order dated 21.12.2022,
dismissed the writ petition following the orders of the learned Single Judge in
a batch of writ petitions in W.P.No.34859 of 2013 and batch, which were
dismissed by order dated 22.12.2021. Several writ appeals in W.A.No.752 of
2022 and batch were filed as against the order dated 22.12.2021 passed by
the learned Single Judge in W.P.No.34859 of 2013 and batch and the Division
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W.A.(MD) No.1257 of 2023
Bench of this Court, by Judgment dated 01.08.2022, disposed of the writ
appeals by referring the matter before the Arbitrator. Following the directions
of the Division Bench in the Judgment dated 01.08.2022 in W.A.No.752 of
2022 and batch, it is reported by the learned Deputy Solicitor General of India
appearing for the respondents that an Arbitrator has been appointed and the
petitioners in similar matters are now before the Arbitrator.
4. Since the issue involved in the case on hand has already been
decided by the Division Bench of this Court and a former Judge of this Court
has been appointed as Arbitrator, this writ appeal is disposed of terms of
Paragraph Nos.9 to 12 of the Judgment dated 01.08.2022 in W.A.No.752 of
2022 and batch, which are extracted hereunder:
“9. The Court was of the opinion that the writ
appellants may individually or through Associations seek
appointment of the Arbitrator, but finding large number of
litigants involved herein and finding the nature of the
issues as such, we nominate Mr.Justice V.Bharathidasan
(retired Judge of Madras High Court) as sole Arbitrator to
adjudicate issues between both the parties.
10. The fee of the learned Arbitrator is fixed in
one lumpsum at Rs.15 lakhs (Rupees fifteen lakhs only)
and expenses would be paid on actual basis. The fee and
expenses would be shared in equal ratio by the
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W.A.(MD) No.1257 of 2023
Associations representing the members and by the Central
Government.
11. At this stage, the learned Additional Solicitor
General submitted that it may be made open for the
respondents to raise the objection under Section 16 of the
Act of 1996. The aforesaid is not opposed by the learned
counsel for the writ appellants and accordingly, liberty, as
prayed for by the learned Additional Solicitor General is
granted.
12. The finding or observation made by the
learned Single Judge would not come in the way of either
of the parties to raise the respective issues before the
learned Arbitrator.”
No costs.
[S.S.S.R., J.] [D.B.C., J.]
03.08.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
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W.A.(MD) No.1257 of 2023
To:
1.The Deputy Secretary
to the Government,
Ministry of Industry
and Commerce,
Department of Industrial
Policy and Promotion
(Salt Section),
Union of India,
Udhyog Bhawan,
New Delhi.
2.The Salt Commissioner,
Lavan Bhawan,
2-A Lavan Marg,
Jhalana Doongri,
Jaipura-302 004.
3.The Deputy Salt Commissioner,
No.26, Haddows Road,
Shastri Bhavan,
Chennai-600 006.
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https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1257 of 2023
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
krk
W.A.(MD) No.1257 of 2023
03.08.2023
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