S.B.C.W.P. No. 3614/2010-M/s Shankeshwar Fabrics Pvt. Lmt.Vs.The Collector/Dy.District Collector,Pali-Marwar & Ors. Date of Order 12.04.2010 1/2 S.B. CIVIL WRIT PETITION NO.3614/2010 M/s Shankeshwar Fabrics Pvt. Limited Vs. The Collector/ Dy.District Collector, Pali-Marwar & Ors. Date of order : 12th April, 2010 HON'BLE DR. JUSTICE VINEET KOTHARI Mr.Manoj Bhandari, for the petitioner. ------- By the notice Annexure 6 dated 09.03.2009, the Tehsildar, Pali has issued show cause notice to recover a sum of Rs. 10,100/- from the petitioner as Textiles Cess. Learned counsel for the petitioner submits that the Textiles Cess Tribunal -Delhi where the appeal of the petitioner against the imposition of Textiles Cess is pending was not working as would be evident from the letter of Ministry of Law and Justice Annexure 5 dated 14.09.2009 and therefore, the Collector cannot be permitted to recover the said cess so as long as the appeal is pending before the said Tribunal unless the said appeal was decided by the said Tribunal vide Rule of Textile Committees Act, 1963. The said appeal is said to have been filed before the said Tribunal in 2005 and more than five years have passed since then. Learned counsel for the petitioner is not in a position to inform the Court as to whether the said Tribunal has now become functional or not, after issuance of Annexure 5 communication dated 14.09.2009. S.B.C.W.P. No. 3614/2010-M/s Shankeshwar Fabrics Pvt. Lmt.Vs.The Collector/Dy.District Collector,Pali-Marwar & Ors. Date of Order 12.04.2010 1/2 Presumably after 14.09.2009 with the lapse of about six to seven months the said Tribunal might have now become functional as the same was on account of superannuation of one Shri J.Khosla, Ex-Joint Secretary. It is for the Central Government to see that the Tribunals constituted by it remain functional and operational where the aggrieved persons under the said Act can approach for redressal of their grievance. Since admittedly, the appeal filed by the present petitioner is pending before the said Tribunal, there is no good reason for the petitioner to approach this Court for the main relief and even interim relief which is sought against the impugned notice issued by the Collector for recovery of the said dues. The petitioner is free to approach the said Tribunal for interim relief as well. The Tribunal is expected to deal with such application and appeal in accordance with law. The petition being devoid of merit and the writ petition is hereby dismissed. Copy be sent to the respondents. [ DR. VINEET KOTHARI ], J. item No.8 Bharti/