2020 (4) TMI 475

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.... Ministry of Communication/Information Technology and it has been entrusted with the task of processing such applications. 3. Aforesaid application of writ petitioner was processed and a communication dated 29.11.2005, was sent by the Ministry of communication/ Information Technology, informing that writ petitioner's application was considered in the 'Inter-Ministerial Standing Committee' ('IMSC' for brevity) being IMSC on 'Software Technology Park' (STP) and 'Electronics Hardware Technology Park' ('EHTP') Schemes in a meeting held on 04.04.2005 and that an approval for setting up infrastructure facility for STP under STP scheme at Plot No.1, SIDCO Industrial Estate, Guindy, Chennai has been gi....

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....ts could be cleared without difficulty. We therefore request you to kindly issue us with a Letter of Amendment effective this date.' 6. After sending a reminder on 21.03.2006 alleging inaction, writ petitioner filed an earlier writ petition in this Court being W.P.No.11793 of 2006. Prayer in W.P.No.11793 of 2006, as can be culled out from the case file placed before this Court reads as follows: 'Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records in 1(13)/2005 - ITP dated 29.11.2005 of the 2nd respondent and to quash the same and to direct the 2nd respondent to modify the date of approval referred to therein to that of 25th January, 200....

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....t for by the learned counsel appearing for the petitioner, this Court directs the first respondent to consider the representations of the petitioner dated 09.02.2006 and 21.03.2006, in accordance with law, if the same have not been considered already and pass appropriate orders as early as possible. 5.The writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petitions are also closed.' 9. Pursuant to the aforesaid order, Government of India, Ministry of Electronics & Information Technology, to be precise, Secretary to the Government of India with regard to the said Ministry has passed an order dated 12.12.2018. 10. In this order, after referring to the earlier order of this Court da....

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....otification. 12. It is very clear that the application is dated 25.01.2005 and the earliest point of time at which the writ petitioner was informed about the approval of its application for setting up STP is only 29.11.2005, but writ petitioner has chosen to make imports in October-November 2005 itself. In other words, writ petitioner has jumped the gun and made imports even before approval of its application was communicated to it on 29.11.2005. To state this with clarity and specificity, on the dates of imports in October-November 2005, writ petitioner did not have any communication regarding approval of its application for setting up STP. Therefore, having imported without any document in its hand with regard to approval of its app....