Madras High Court
V.Vincent Velankanni vs The Union Of India on 30 November, 2022
Author: T.Raja
Bench: T.Raja, D.Krishnakumar
W.P.No.22495 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.11.2022
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.22495 of 2021
V.Vincent Velankanni .. Petitioner
Vs
1 The Union of India
Rep. by its Secretary
Ministry of Law and Justice
4th Floor, 'A' Wing, Shastri Bhawan
New Delhi - 110 001.
2 The Defence Secretary
Ministry of Defence
101-A, South Block
New Delhi - 110 001.
3 The Chairman and DGOF
Ordnance Factory Board
10A, S.K.Bose Road
Kolkata - 700 001.
4 The General Manager
Engine Factory, Avadi
Chennai - 600 054. .. Respondents
__________
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https://www.mhc.tn.gov.in/judis
W.P.No.22495 of 2021
Prayer: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of certiorari to call for the records
pertaining to Essential Defence Services Act, 2021 published by the
first respondent vide Gazette Notification No.36, dated 12th August
2021, and quash it.
For the Petitioner : Mr.R.Rajesh Kumar
For the Respondents : Mr.R.Rajesh Vivekanandhan
Assistant Solicitor General
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed seeking issuance of a writ of certiorari to call for the records pertaining to Essential Defence Services Act, 2021 published by the first respondent vide Gazette Notification No.36, dated 12.8.2021, and quash the same.
2. This court, by order dated 22.10.2021, directed the petitioner to deposit a sum of Rs.25,000/- with the Registry within a fortnight from the date of the said order for issuance of a notice to the respondents. It was further observed that in the event the __________ Page 2 of 5 https://www.mhc.tn.gov.in/judis W.P.No.22495 of 2021 challenge to the said Act is ultimately found to be frivolous, the amount deposited will be forfeited.
3. It is submitted by learned counsel for the petitioner that pursuant to the aforesaid order dated 22.10.2021, the petitioner deposited the sum of Rs.25,000/- on 10.11.2021. The said fact has also been recorded in the order dated 12.11.2021.
4. Now, learned counsel for the petitioner circulated a letter dated 28.11.2022 seeking leave of this court to withdraw the writ petition.
5. Mr.R.Rajesh Vivekanandhan, learned Assistant Solicitor General appearing on behalf of the respondents, submitted that the prayer made in the writ petition has become infructuous.
6. In view of the aforesaid submissions and the letter dated 28.11.2022 circulated by learned counsel for the petitioner, the writ petition is dismissed as withdrawn. There will be no order as to __________ Page 3 of 5 https://www.mhc.tn.gov.in/judis W.P.No.22495 of 2021 costs. Consequently, W.M.PNos.23715 and 23716 of 2021 are closed.
The Registry is directed to refund to the petitioner the amount of Rs.25,000/- deposited by the him pursuant to the order dated 22.10.2021, on production of a copy of this order.
(T.R., ACJ.) (D.K.K., J.)
30.11.2022
Index : No
sasi
To:
1 The Secretary
Union of India
Ministry of Law and Justice
4th Floor, 'A' Wing, Shastri Bhawan New Delhi - 110 001.
2 The Defence Secretary Ministry of Defence 101-A, South Block New Delhi - 110 001.
3 The Chairman and DGOF Ordnance Factory Board 10A, S.K.Bose Road Kolkata - 700 001.
4 The General Manager Engine Factory, Avadi Chennai - 600 054.
__________ Page 4 of 5 https://www.mhc.tn.gov.in/judis W.P.No.22495 of 2021 T.RAJA, ACJ.
AND D.KRISHNAKUMAR,J.
(sasi) W.P.No.22495 of 2021 30.11.2022 __________ Page 5 of 5 https://www.mhc.tn.gov.in/judis