M/S.Eco Fumigation Services vs. The Plant Protection Adviser

WP(MD)/5068/2021HC MadrasGSTCNR HCMD01019199202112 October 2023Bench: HONOURABLE MR JUSTICE N. ANAND VENKATESH3 pages
AI SummaryWithdrawn

Facts

The petitioner, M/s. ECO Fumigation Services, represented by its partner L. Victor, filed a Writ Petition seeking a Mandamus directing respondents 1 and 2, officials from the Directorate of Plant Protection Quarantine & Storage and the Regional Plant Quarantine Station respectively, to consider their representation dated 29.01.2021 and pass orders within a stipulated time. The representation's subject matter and the specific authority to whom it was addressed are not detailed in the judgment. The third respondent is another entity with a similar name, M/s. ECO Fumigations Services. The petition was filed under Article 226 of the Constitution of India. No appearance was made by the respondents.

Held

The Court recorded the submission of the learned counsel for the petitioner seeking permission to withdraw the Writ Petition, supported by an endorsement made in the bundle. Consequently, the Court dismissed the Writ Petition as withdrawn. No costs were awarded. The Court did not delve into the merits of the representation or any GST-related issues, as the petition was disposed of on the procedural ground of withdrawal. No specific GST provisions were discussed or interpreted by the Court in this order.

Key Issues

1. Whether the Court should direct the respondents to consider the petitioner's representation dated 29.01.2021 and pass orders within a time frame, as prayed for by the petitioner under Article 226 of the Constitution of India. Petitioner's contention: The petitioner sought a direction from the Court for the respondents to consider their representation and pass appropriate orders. The petitioner did not present any specific arguments regarding the merits of their representation or the GST provisions, as the matter was withdrawn. Revenue/State's contention: No appearance was made by the respondents, and therefore, no arguments were recorded on their behalf.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
W.P.(MD)No.5068 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2023 CORAM THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.(MD)No.5068 of 2021 M/s.ECO Fumigation Services, Rep. by its Partner, L.Victor, S/o.M.Lourthu Raj, 1H/65, Palpandi Nagar, 1st Street, Tuticorin - 628 008. .. Petitioner Versus 1.The Plant Protection Adviser, Directorate of Plant Protection Quarantine & Storage, Ministry of Agriculture and Farmers' Welfare, N.H. IV, Faridabad – 121 001, Haryana. 2.The Joint Director, Regional Plant Quarantine Station, GST Road, Meenambakkam, Chennai - 600 027. 3.M/s.ECO Fumigations Services, No.5/248, C1/1, Thangamani Nagar, 2nd Street, Tuticorin, Rep. by R.Kalaiselvi, Ramesh Kumar and others. .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider the representation of the petitioner, dated 29.01.2021 and pass orders within a time frame fixed by this Court. 1/3 https://www.mhc.tn.gov.in/judis W.P.(MD)No.5068 of 2021 For Petitioner : Mr.G.Mohankumar For Respondents : No Appearance

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