1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.4913 to 4921 and 4923 of 2011 and M.P.(MD)No.1 of 2011 in respective W.Ps. M/S Prabhu Spinning Mills Private Limited (Open End Division) a Private Limited Company Represented by Its Authorized Signatory, K.Sellamuthu , Kottaiyur, Agaram Village, Thadicombu 624 709, Dindigul , Tamil Nadu State ...Petitioner in WP NO. 4913 of 2011 M/S Prasana Spinning Mills Private Limited A Private Limited Company Represented by its Authorized Signatory, K.Sellamuthu , Vedasanthur, Anaipatty, Agaram Village 624 710 Dindigul,Tamil Nadu State ...Petitioner in WP NO. 4914 of 2011 M/S Sri Shanmugavel Mills Private Limited Weaving Division a Private Limited Company Represented by its Authorized Signatory, K.Sellamuthu, Kottaiyur, Agaram Village, Thadicombu 624 709 Dindigul, Tamil Nadu State ...Petitioner in WP(MD) 4915 of 2011 M/S Sri Siddhi Vinayaga Tex India (P) Ltd., a Private Limited Company Represented by its Authorized Signatory, K.Sellamuthu, Senankottai - 624 710 Dindigul, Tamil Nadu State ...Petitioner in WP(MD) NO. 4916 of 2011 M/S Sivaraj Spinning Mills (P) Ltd., a Private Limited Company Represented by its Authorized Signatory, K.Sellamuthu Thadicombu 624 709 Dindigul , Tamil Nadu State ...Petitioner in WP(MD) NO. 4917 of 2011 M/S Adisankara Spinning Mills (P) LTD., a Private Limited Company Represented by its Authorized Signatory, K.Sellamuthu, Ottanagampatti Village, 624 710 , Dindigul, Tamil Nadu State ...Petitioner in WP(MD) NO. 4918/2011 https://hcservices.ecourts.gov.in/hcservices/ 2 M/S Vedha Spinning Mills (P) Limited, a Private Limited Company Represented by its Authorized Signaotry, K.Sellamuthu, Thadicombu 624 709, Dindigul , Tamil Nadu State ...Petitioner in WP(MD) NO. 4919 of 2011 M/S Prabhu Spinning Mills (P) Ltd., a Private Limited Company represented by its Authorized Signatory, K.Sellamuthu, Ottanagampatti, Nagampatti Village 624 710 Dindigul, Tamil Nadu State ...Petitioner in WP(MD) 4920 of 2011 M/S Sri Sankarai Yarns (P) Ltd., a Private Limited Company, Represented by its Authorized Signatory, K.Sellamuthu, Kottaiyur, Agaram Village, Thadicombu 624 709 Dindigul, Tamil Nadu State ...Petitioner in WP(MD) No.4921 of 2011 M/S Prasana Spinning Mills a Proprietory concern Represented by its Authorized Signatory K.Sellamuthu, Lakshmanapatti, Vddasanthur Taluk, 624 710, Dindigul, Tamil Nadu State ...Petitioner in WP(MD) No.4923 of2011 Vs. 1.The Additional Commissioner of Central Excise, Central Revenue Building, No.4, Lal Bahadur Shastri Road, Bibikulam, Madurai-625 002. ...I Respondent in WP Nos.4913,4914, 4916,4917,4918, 4919, 4920 and 4921 of 2011 2.The Assistant Commissioner of Central Excise, Dindigul I Division, No.68, Nehruji Nagar, R.M.Colony Road, Dindigul-624 001.: 2nd Respondent in all Wps The Deputy Commissioner of Central Excise, Dindigul I Division, No.30 Menglas Road, Dindigul 624 001 ...I Respondent in WP Nos.4915 and 4923 of 2011 Prayer: These Writ Petitions are filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorari, to call for the records on the file of the first respondent and quash the impugned show cause notice in https://hcservices.ecourts.gov.in/hcservices/ 3 1.C.No.V/52/15/132/2009 Adjn., dated 24.12.2009 in WP No. 4913 of 2011 2.C.No.V/52/15/136/2009 Adjn., dated 24.12.2009 in WP NO. 4914 of 2011 3.C.No.V/52/15/29/2009 Adjn., dated 09.12.2009 in WP NO. 4915 of 2011 4.C.No.V/52/15/134/2009 Adjn., dated 24.12.2009 in WP NO. 4916 of 2011 5.C.No.V/52/15/130/2009 Adjn., dated 24.12.2009 in WP NO. 4917 of 2011 6.C.No.V/52/15/126/2009 Adjn., dated 21.12.2009 in WP NO. 4918 of 2011 7.C.No.V/52/12/138/2009 Adjn., dated 24.12.2009 in WP NO. 4919 of 2011 8.C.No.V/52/15/133/2009 Adjn., dated 24.12.2009 in WP NO. 4920 of 2011 9.C.No.V/52/15/39/2009 Adjn., dated 24.12.2009 in WP NO. 4921 of 2011 10.C.NO.V/52/15/22/2009 Adjn., dated 09.12.2009 in WP NO. 4923 of 2011 respectively as illegal and without jurisdiction. For Petitioners in all WPs : Mr.R.Sivaraman For Respondents in all WPs : Mr.R.Aravindan Senior Standing Counsel ******** COMMON ORDER ********** Mr.R.Aravindan, learned Standing Counsel, takes notice on behalf of the respondents. By consent, the Writ Petitions are taken up for final disposal at the stage of admission itself. 2. Heard the learned counsel appearing for the petitioners as well as the learned Standing Counsel appearing for the respondents. 3. The petitioners have approached this Court challenging the impugned show cause notices issued by the first respondent to the petitioners. 4. It is contended by the learned counsel appearing for the petitioners that the show cause notices issued to the petitioners are against the notification issued by the Government as well as the circular issued by the Central Government. That apart, he has submitted that the matter is sub judiced before the Principal Bench and hence, according to the learned counsel, the issuance of show cause notices itself is not valid. 5. However, I am of the considered view that the proceedings, which are challenged, are only show cause notices and the petitioners have to give a detailed explanation that the said show cause notices are not valid in law for the reasons, which were already set out in the present Writ Petitions. In fact, it is represented that detailed explanation has been offered by the petitioners. While so, without even waiting for an order to be passed, the present Writ Petitions have been filed even at the stage of receipt of show cause notices. 6. In view of the above stated position, I am not inclined to https://hcservices.ecourts.gov.in/hcservices/ 4 interfere with the show cause notices of the first respondent at this stage. Since the petitioners have already given explanation for the show cause notices, it is for the first respondent to consider the said explanation offered by the petitioners and pass appropriate orders or take suitable decision. 7. Thus, the Writ Petitions stand disposed of directing the first respondent to consider the explanation offered by the petitioners and take suitable action or pass appropriate orders on merits and in accordance with law. Consequently, the connected miscellaneous petitions are closed. No costs. SD/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To 1.The Additional Commissioner of Central Excise, Central Revenue Building, No.4, Lal Bahadur Shastri Road, Bibikulam, Madurai-625 002. 2.The Assistant Commissioner of Central Excise, Dindigul I Division, No.68, Nehruji Nagar, R.M.Colony Road, Dindigul-624 001. 3.The Deputy Commissioner of Central Excise, Dindigul I Division, No.30, Mangles Road, Dindigul 624 001. +1 CC TO MR. R. ARAVINDAN, ADVOCATE S.R NO. 15657 +1 CC TO MR. R. SIVARAMAN, ADVOCATE S.R NO. 15325 Common Order made in W.P.(MD)No.4913 to 4921 and 4923 of 2011 Dated:- 27.04.2011 SML PAM 24.05.2011/6C/4P https://hcservices.ecourts.gov.in/hcservices/