BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 29.04.2024 PRONOUNCED ON : 22.05.2024 C O R A M THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) Nos.7204 and 7208 of 2024 and W.M.P.(MD)Nos. 6648 , 6650, 6654 and 6655 of 2024 W.P.(MD) No.7204 of 2024 M/s.Shakti Cords Private Limited, Represented by its Managing Director, Mr.Shyam Prakash Fatehpuria, Having Registered Office at Shed No.CS-17, 18, SIDCO Industrial Estate, Kappalur, Madurai – 625 008. ... Petitioner vs.

1. The Bureau of Indian Standards, Represented by its Director General, Having Office at Manak Bhavan, No.9, Bahadur Shah Zafar Marg, New Delhi – 110 002.

2. The Department of Chemicals and Petrochemicals, Represented by its Joint Secretary, Ministry of Chemicals & Fertilizers, 230 A, A-Wing, 2nd Floor, Shastri Bhawan, New Delhi – 110 001.

3. The Principal Secretary to Government, Handlooms, Handicrafts, Textiles & Khadi Department, Government of Tamil Nadu, Fort St. George, Chennai – 600 009. ... Respondents Prayer: Writ petition filed under Article 226 of Constitution of India praying to issue a Writ of Certiorari to call for the records leading to the issuance of the Product Manual PM/17264/7 published in July, 2023 which contain the specifications for Polyester Industrial Yarns including the First Revision of the specifications of Polyester Industrial Yarn published in April, 2022 (“Impugned Product Manual and First Revision”) and quash the same insofar as it relates to HMLS-AA and to pass such further or other orders as this Hon’ble Court may deem fit.

W.P.(MD) No.7208 of 2024 M/s.Shakti Cords Private Limited, Represented by its Managing Director, Mr.Shyam Prakash Fatehpuria, Having Registered Office at Shed No.CS-17, 18, SIDCO Industrial Estate, Kappalur, Madurai – 625 008. ... Petitioner vs.

1. The Bureau of Indian Standards, Represented by its Director General, Having Office at Manak Bhavan, No.9, Bahadur Shah Zafar Marg, New Delhi – 110 002.

2. The Department of Chemicals and Petrochemicals, Represented by its Joint Secretary, Ministry of Chemicals & Fertilizers, 230 A, A-Wing, 2nd Floor, Shastri Bhawan, New Delhi – 110 001.

3. The Principal Secretary to Government, Handlooms, Handicrafts, Textiles & Khadi Department, Government of Tamil Nadu, Fort St. George, Chennai – 600 009. ... Respondents Prayer: Writ petition filed under Article 226 of Constitution of India praying to issue a Writ of Certiorari to call for the records leading to the issuance of the Polyester Industrial Yarn (Quality Control) Order, 2021 passed vide Notification No.S.O.

1622(E) dated 15.04.2021 including its subsequent amendment passed vide Notification No.S.O.1560(E) dated 31.03.2023 (Impugned Notification) and quash the same and pass such further or other orders as this Hon’ble Court may deem fit.

In Both W.Ps.

For Petitioner : Mr.AR.M.Arunachalam For Respondents : Mr.AR.L.Sundaresan Additional Solicitor General of India assisted by Mr.K.Govindarajan Deputy Solicitor General of India (Madurai Bench) for R1 and R2 Mr.K.Balasubramani, Special Government Pleader-for R3

COMMON ORDER

Heard both sides.

2. The petitioner is a Company incorporated under the provisions of the Companies Act, 1956. They are having their unit at Madurai. They manufacture 'Single End Dipped Cords' which are used in the manufacturing of Power Transmission Belts used for automobiles. The product is made out of Polyester Industrial Yarn of a particular category known as “High Modulus Low Shrinkage, Adhesive Activated Yarn (HMLS AA)” .

3. The Bureau of Indian Standards (BIS), in exercise of the powers conferred by the Central Act 11 of 2016 had prescribed standards for Polyester Industrial Yarn.

The various types of such Yarn have been grouped under a single specification. The product manual for Polyester Industrial Yarn was originally published in 2019. It underwent revisions and the first revision was published in April 2022. In exercise of the powers conferred under Section 16 of the Act, the Central Government