Legal principle

A writ petition dismissed as withdrawn on the petitioner's own endorsement is disposed of without any adjudication and creates no precedent on the validity of the provision challenged.

Court decision

The Division Bench of Dr. Justice G. Jayachandran and Justice R. Sakthivel dismissed the writ petition as withdrawn, with no order as to costs. The Court made no determination on the constitutionality of Section 13 of the FTDR Act, 1992.

Facts

S & S Power Switchgear Limited, represented by its Chief Manager-Legal & Secretarial, filed W.P.No.9305 of 2006 before the Madras High Court under Article 226 of the Constitution seeking a writ of declaration that Section 13 of the Foreign Trade (Development and Regulation) Act, 1992 is ultra vires Articles 14, 19(1)(g), 265 and 300-A of the Constitution and hence void ab initio. The respondents were the Joint Director General of Foreign Trade (Enforcement-cum-Adjudication), Chennai, the Additional Director General of Foreign Trade, New Delhi, and the Union of India, Ministry of Commerce and Industry. The extract discloses no particulars of any goods or of any specific departmental action. At the hearing, the petitioner's counsel sought permission to withdraw the writ petition and made an endorsement to that effect.

Key provisions

• Section 13, The Foreign Trade (Development and Regulation) Act, 1992 — Adjudicating Authority.