UNION OF INDIA Vs. SHIYAAD

JUDGEMENT

(1.) Respondents 1 to 3 in the writ appeal claim to be the members of an association by name 'Plastic Recycling Industrial Association'. They sent Ext.P2 representation to the Goods and Services Tax Council on 27.07.2017 by post. They alleged that levy of 18% goods and services tax on recycled plastic products had made adverse impact on that industry. The prayer made in Ext.P2 representation was for completely withdrawing levy of tax on the recycled plastic products. On 31.07.2017, they sent similar representations (Exts.P1, P3 and P4) to the Central Government and the State Government and also to the Secretary of the Health Department of the State.

(2.) On 01.08.2017, respondents 1 to 3 in the writ appeal, filed W.P.(C) No.25613/2017 before this Court for issuing a writ of mandamus to the Goods and Services Tax Council to dispose of Ext.P2 representation at the earliest, at any rate within two weeks and also to issue a writ of mandamus to the other respondents in the writ petition to dispose of Exts.P1, P3 and P4 representations within a time to be fixed by this Court, after hearing the petitioners.

(3.) As per the impugned judgment dated 02.08.2017, a learned Single Judge of this Court disposed of the writ petition directing the Goods and Services Tax Council to consider and pass orders on Ext.P2 representation within a period of one month from the date of receipt of the copy of the judgment, after hearing the petitioners. The operative portion of the impugned judgment reads as follows: