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Madras High CourtWP/30821/2005dismissed

Transasia Bi- Medicals Ltd v. The Union Of India Rep.By

2019-06-18Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.30821 of 2005 and W.M.P.Nos.33771, 33772 of 2005 and 39969 of 2018 M/s.Transasia Bio-Medicals Ltd.

Rep. by its Zonal Manager Mr.Rajesh O.T, No.3/5, Raghupriya Apt, 3 Krishnama Road, Nungambakkam, Chennai - 34.

...Petitioner

Vs

1. The Union of India Rep. by Its Secretary, Ministry of Finance, North Block, New Delhi 1

2. The Deputy Commissioner of Customs (Group - 5C-AIR CARGO COMPLEX), Meenambakkam Air Port, Chennai - 600 027.

...Respondents

Prayer in W.P.No.30821 of 2005: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to delete the Tariff Entry No.902780 from the Notification No.24/2005 - Cus Dated 01.03.2005.

Prayer in W.M.P.No.39969 of 2018: To amend the prayer in the writ petition to declare that Notification No.24/2005-Cus Dated 01.03.2005 in ultra vires the provisions of the Customs Act, 1962, - instead of Writ of Mandamus, directing the 1st respondent to delete the Tariff Entry No.902780 from the Notification No.24/2005 Cus. dated 01.03.2005. For Petitioner : Mr.Hari Radhakrishnan For Respondents: Mr.T.Pramod Kumar Chopda Senior Panel Counsel

ORDER

The petitioner herein has filed the miscellaneous petition in W.M.P.No.39969 of 2018 to amend the prayer in the writ https://hcservices.ecourts.gov.in/hcservices/

petition from the writ of Mandamus to Writ of Declaration, to declare that the Notification No.24/2005-Cus Dated 01.03.2005 in ultra vires provisions of the Customs Act, 1962, - instead of Writ of Mandamus, directing the 1st respondent to delete the Tariff Entry No.902780 from the Notification No.24/2005 Cus. dated 01.03.2005.

2. In my view, the prayer sought for in the miscellaneous petition requires to be meted out with appropriate grounds and the respondent herein is also given opportunity to put forth their objections by way of a counter affidavit. At this stage of final disposal of the writ petition, such an amendment cannot be sought for. If at all, the petitioner is of the view that the writ of declaration can be maintained, it is always open to them to work out their remedies in accordance with law.

3. In view of the above, the miscellaneous petition in W.M.P.No.39969 of 2018 stands dismissed. Consequently, since the petitioner expressed his views to file a writ of Declaration, consideration of all the relief sought for in the present writ petition does not require consideration. Hence, the writ petition also stands closed. Consequently, connected miscellaneous petitions are closed. No costs. -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar vum To

1. The Union of India Rep. by Its Secretary, Ministry of Finance, North Block, New Delhi 1

2. The Deputy Commissioner of Customs (Group - 5C-AIR CARGO COMPLEX), Meenambakkam Air Port, Chennai - 600 027.

+1 CC to Mr.Hari Radhakrishnan, Advocate sr 49850. +1 CC to Mr.T.Pramod Kumar Chopda, Advocate sr 49670. W.P.No.30821 of 2005 and W.M.P.Nos.33771, 33772 of 2005 and 39969 of 2018 EV(CO) SP(07/08/2019) https://hcservices.ecourts.gov.in/hcservices/