Mrm Ramaiya Enterprises vs. The State Of Tamil Nadu

WP(MD)/1959/2018HC MadrasGSTCNR HCMD01081188201823 February 2022Bench: HONOURABLE MR JUSTICE C. SARAVANAN4 pages
AI SummaryWithdrawn

Facts

The petitioner, MRM Ramaiya Enterprices Private Limited, filed a writ petition challenging an order dated 08.12.2017 issued by the State of Tamil Nadu (Public Works Department) and consequent proceedings dated 25.01.2018 by the Revenue Divisional Officer/Sub-Collector, Thoothukudi. The petitioner sought to quash these orders and prevent respondents 5 to 9 (District Collector, Assistant Director of Geology and Mines, Revenue Divisional Officer/Sub-Collector, Tahsildar, Superintendent of Police) from interfering with the storage, transportation, and sale of imported river sand from the V.O. Chidambaranar Port Trust to its customers within Tamil Nadu, provided proper invoices, bills of entry, and GST were in place. The petition was filed under Article 226 of the Constitution of India.

Held

The Court did not delve into the merits of the case. The counsel for the petitioner sought permission to withdraw the writ petition, making an endorsement to that effect. Recording this submission, the Court dismissed the writ petition as withdrawn. Consequently, all connected miscellaneous petitions were also closed. No costs were awarded. The specific legal questions regarding the legality and vires of the impugned orders and the extent of interference by the authorities were not decided on merits.

Key Issues

1. Whether the impugned order and consequent proceedings are illegal and ultra vires to the Constitution of India, concerning the interference by State authorities in the petitioner's business of storing, transporting, and selling imported river sand. Petitioner's Contention: The petitioner argued that the actions of the respondents were illegal and beyond their constitutional powers, particularly when the petitioner was complying with GST regulations and had proper documentation for the imported river sand. The petitioner sought to restrain the respondents from interfering with their business operations. Revenue/State's Contention: The judgment does not record any specific arguments presented by the State or other respondents. The counsel for the petitioner sought permission to withdraw the writ petition.

AI-generated summary — verify with the full judgment below

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2022 CORAM: THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) Nos.2206 to 2208 of 2018 MRM Ramaiya Enterprices Private Limited, represented by its Managing Director, MRM Ramaiya, No.12, Thiruvakkudi Irumpandu Post, Avudayarkovil Taluk, Pudukkottai District. ... Petitioner /vs./ 1.The State of Tamil Nadu, represented by the Principal Secretary to Government, Public Works (I.Spl.2), Department, Secretariat, St.Fort George, Chennai 600 009. 2.The Chief Engineer, Water Resources Department, Chepauk, Chennai-5. 3.The Commissioner, Geology and Mining, Guindy, Chennai-32. 4.The Director of Geology and Mining, Guindy, Chennai -32. 5.The District Collector, Thoothukudi District, Thoothukudi. 6.The Assistant Director of Geology and Mines, Thoothukudi, Thoothukudi District. 1/4 https://hcservices.ecourts.gov.in/hcservices/

7.

The Revenue Divisional Officer/Sub-Collector, Revenue Divisional Office, Thoothukudi, Thoothukudi District. 8.The Tahsildar, Thoothukudi Taluk Office, Thoothukudi, Th

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