Ab Exports v. Union Of India

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 28.08.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.No.29587 of 2005 and W.M.P.Nos.32430 & 32431 of 2005 M/s.AB Exports, Rep. by its Partner Fazalur Rahiman, Plot No.124 (Door No.19), VI Cross Road, Mahakavi Bharathiyar Nagar, Vyasarpadi, Chennai - 600039.

...Petitioner

Vs

1. Union of India, Rep. by the Secretary to Government, Ministry of Agriculture, Department of Agriculture and Cooperation, New Delhi.

2. The Regional Plant Quarantine Station, Rep. by its Deputy Director, G.S.T.Road, Meenambakkam, Chennai - 600027.

3. The Port Health Officer, Chennai Port Trust, Rajaji Salai, Chennai - 600001.

4. The Commissioner of Customs (Sea Ports), Customs House, Rajaji Salai, Chennai - 600001.

5. The Director, Central bureau of Investigation (South Zone), College Road, Chennai.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the records in Detention Order No.200503658 dated 02.09.2005 passed by the second respondent

and quash the same and consequently direct the respondents 2 to 4 to release the consignment of 28 M.Tons of Garlic covered under Bill of Lading No.5715TS101222 imported from China under Invoice No.FY/YD050727-2 dated 20.07.2005 of M/s.Jining Fuyuan Fruits and Vegetables Co., China, lying in the Chennai Port. For Petitioner : Mr.R.Parthasarathy For Respondents: Mr.C.V.Ramachandra Murthy, SPC for R1 Mr.A.P.Srinivas, SSC for R4 No Appearance for R2, R3 & R5

O R D E R

The order under challenge in the present writ petition is to the detention order and for release of the detained goods.

2. Today, when the matter was called, the learned counsel for the petitioner submitted that the goods have already been released and the detention order has been lifted. Hence, the prayer in the present writ petition has become infructuous.

3. Accordingly, the Writ Petition stands closed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar hvk To

1. The Secretary to Government, Union of India, Ministry of Agriculture, Department of Agriculture and Cooperation, New Delhi.

2. The Deputy Director, The Regional Plant Quarantine Station, G.S.T.Road, Meenambakkam, Chennai - 600027.

3. The Port Health Officer, Chennai Port Trust, Rajaji Salai, Chennai - 600001.

4. The Commissioner of Customs (Sea Ports), Customs House, Rajaji Salai, Chennai - 600001.

5. The Director, Central bureau of Investigation (South Zone), College Road, Chennai.

+1cc to Mr.C.V.Ramachandra Murthy, Advocate SR.73935 W.P.No.29587 of 2005 and W.M.P.Nos.32430 & 32431 of 2005 BP(CO) CB(16/10/2019)