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Dr.D.Kanagasabapathy vs Union Of India
2023 Latest Caselaw 8147 Mad

Citation : 2023 Latest Caselaw 8147 Mad
Judgement Date : 12 July, 2023

Madras High Court
Dr.D.Kanagasabapathy vs Union Of India on 12 July, 2023
                                                                         W.A.No.1666 of 2023



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED:    12.07.2023

                                                   CORAM :

                           THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                       AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU


                                              W.A.No.1666 of 2023

                     Dr.D.Kanagasabapathy                                .. Appellant

                                                       Vs

                     1.Union of India,
                       rep. 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, 2A, Lavanmarg,
                       Jhalana Doongri, Jaipur – 302 004.

                     3.The Deputy Salt Commissioner,
                       26, Haddows Road,
                       Shastri Bhavan, Chennai-06.

                     4.The Assistant Salt Commissioner,
                       O/o The Deputy Salt Commissioner,
                       No.26, Haddows Road,
                       Shastri Bhavan, Chennai – 06.                     .. Respondents



                     __________
                     Page 1 of 6


https://www.mhc.tn.gov.in/judis
                                                                              W.A.No.1666 of 2023



                     Prayer: Appeal under Clause 15 of the Letters Patent against the order
                     22.12.2021 passed in W.P.No.25647 of 2017 by the learned Single
                     Judge.

                                     For the Appellant       : Mr.P.G.Thiyagu

                                     For the Respondents     : Mr.A.Kumaraguru


                                                       JUDGMENT

(Delivered by the Hon'ble Chief Justice)

We have heard Mr.P.G.Thiyagu, learned counsel for the

appellant and Mr.A.Kumaraguru, learned counsel for the

respondents.

2. Learned counsel for the appellant submits that the

appellant had filed W.P.No.25647 of 2017 before the learned Single

Judge with regard to the lease entered by the appellant for mining

process. The lease amount was also challenged. The writ petition

was dismissed under a common judgment by the learned Single

Judge in a batch of writ petitions.

__________

https://www.mhc.tn.gov.in/judis W.A.No.1666 of 2023

3. The petitioners in the other writ petitions filed W.A.No.752

of 2022 with other connected appeals, challenging the said

judgment of the learned Single Judge. In the writ appeals filed by

those persons, directions were given that the writ appellants may

individually or through Association seek appointment of the

Arbitrator. However, considering the large number of litigants, this

Court appointed a Former Judge of the Madras High Court,

Mr. Justice V.Bharathidasan as the sole Arbitrator.

4. Learned counsel for the appellant submits that the present

matter may also be referred to the learned Arbitrator.

5. Learned counsel for the respondents, on going through the

appeal, accepts that the present appellant is similarly situated as

the appellants in W.A.Nos.752 of 2022 and etc. batch decided under

the common judgment of the Division Bench of this Court dated

01.08.2022.

__________

https://www.mhc.tn.gov.in/judis W.A.No.1666 of 2023

6. In the light of that, we follow the same course and in view

of that, the present matter may also be referred to

Mr. Justice V.Bharathidasan, Former Judge of Madras High Court,

for arbitration.

7. The present appeal is disposed of on the same terms and

conditions as W.A.Nos.752 of 2022 and etc. batch, decided through

the common judgment dated 01.08.2022. There will be no order as

to costs. Consequently, C.M.P.No.14831 of 2023 is closed.

                                                         (S.V.G., CJ.)                 (P.D.A., J.)
                                                                         12.07.2023
                     Index            :            Yes/No
                     Neutral Citation :            Yes/No
                     sasi




                     __________



https://www.mhc.tn.gov.in/judis W.A.No.1666 of 2023

To

1.The Deputy Secretary to the Government, Union of India, Ministry of Industry and Commerce, Department of Industrial Policy and Promotion (Salt Section) Udhyog Bhawan, New Delhi.

2.The Salt Commissioner, Lavan Bhawan, 2A, Lavanmarg, Jhalana Doongri, Jaipur – 302 004.

3.The Deputy Salt Commissioner, 26, Haddows Road, Shastri Bhavan, Chennai-06.

4.The Assistant Salt Commissioner, O/o The Deputy Salt Commissioner, No.26, Haddows Road, Shastri Bhavan, Chennai – 06.

__________

https://www.mhc.tn.gov.in/judis W.A.No.1666 of 2023

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

(sasi)

W.A.No.1666 of 2023

12.07.2023

__________

https://www.mhc.tn.gov.in/judis

 
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