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2012 DIGILAW 220 (MAD)

Tuticorin Sipcot Industrialists Association, represented by President v. The District Collector, Tuticorin

2012-01-11

R.SUDHAKAR

body2012
Judgment :- 1. Writ Petition is filed praying to issue a Writ of Certiorari, calling for the records of the resolution No.27 dated 27.8.2001 issued by the second respondent and quash the same. 2. Tuticorin Sipcot Industrialists Association, a registered association, has filed the writ petition challenging the enhanced licence fee levied by the third respondent based on a resolution. 3. At the time of admission, the following interim order was passed on 3.9.2003:- “This Court has granted interim stay of the impugned resolution subject to the condition the petitioner pays 1/3 of the enhanced fees in WPMP No.47368/2002 in WP No.29068/2002. None appears on behalf of the respondents. Heard. In this petition also, there will be interim stay in the above terms.” 4. When the matter is taken up for final disposal, an objection has been raised by Mr.P.S.Jayakumar, learned counsel appearing for the respondents 2 and 3 stating that the association has approached the Secretary to Government, Industries Department, for appropriate relief in the matter and by representation dated 6.3.2002 and that has not been considered and disposed of so far. 5. Since the appropriate and competent authority, namely, the Secretary to Government, Industries Department, has been approached and detailed representation has been made vindicating the grievance of the petitioners association, this court is not inclined to go into the merits of the writ petition, except to direct the petitioner to pursue the matter with the Secretary to Government, Industries Department. The Secretary to Government, Industries Department is directed to consider the said representation if not already disposed of within a period of eight weeks from the date of receipt of a copy of this order. Petitioner is given liberty to make a fresh representation in continuation of the earlier representation. 6. Till such time, the decision is taken by the Secretary to Government, Industries Department, the interim order granted by this Court will continue. 7. The Writ Petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed.