M/S.Kailash Enterprises v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD M/s. Kailash Enterprises No.18/B, Street No.7, Friends Colony Shahdara, Delhi 110 095 Petitioner in Rep. by its Prop. Kailash Chand Jain.

..

both W.Ps.

Vs.

1. Union of India Rep. by its Secretary Ministry of Commerce and Industry Department of Commerce Udyoog Bhawan, New Delhi 110 001.

2. The Director General of Foreign Trade and Ex-Officio Additional Secretary to Government of India Udhyog Bhawan, New Delhi 110 001.

3. The Commissioner of Customs (Seaport - Imports), Custom House No.60, Rajaji Salai Respondents in Chennai 600 001.

..

both W.Ps.

Prayer: Petitions filed under Article 226 of the Constitution of India seeking (i) a writ of Declaration declaring the Proviso in the policy condition to the Notification No.15(RE-2008)/2004-2009 dated 04.06.08, issued by the 2nd respondent restricting the import of betel nut to those of (CIF) value of Rs.35 per kg and above as arbitrary, unconstitutional and in violation of the right guaranteed under the Constitution of India and also beyond the powers of the second respondent; and (ii) a writ of Declaration declaring the impugned notification No.25(RE-2007) 2004-2009 dated 29.08.2007 issued from File No.01/89/180/0043/AM01/PC-IA of the 2nd respondent as ultra vires, unconstitutional and unenforceable.

For the Petitioner : Mr.B.Sathish Sundar For the Respondents : Mr.Rajendra Raghavan SCGSC

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.B.Sathish Sundar, learned counsel for the petitioner and Mr.Rajendra Raghavan, learned Senior Central Government Standing Counsel for the respondents.

2. It is not disputed by learned counsel for both the parties that

the issue in the present writ petitions is no longer res integra and stands conclusively decided by the Division Bench of this Court in W.A.(MD) Nos.396 to 406 of 2009 by judgment dated 28.10.2022.

3. In view of the above, the present writ petitions are also disposed of in terms of the judgment of the Division Bench of this Court referred supra. There shall be no order as to costs. (S.V.G., CJ.) (J.S.N.P., J.) 03.04.2024 Index :

Yes/No :

Yes/No kpl To

1. The Secretary Ministry of Commerce and Industry Department of Commerce Udyoog Bhawan, New Delhi 110 001.

2. The Director General of Foreign Trade - Ex-Officio Additional Secretary to Government of India Udhyog Bhawan, New Delhi 110 001.

3. The Commissioner of Customs (Seaport - Imports), Custom House No.60, Rajaji Salai, Chennai 600 001.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J (kpl) 03.04.2024