Ms. Keshitha Jeyakandhan v. The Commissioner Of Customs (Appeal - I),
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.03.2021
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. Nos.6778 & 6781 of 2021 Ms.Keshitha Jeyakandhan
...Petitioner in W.P.No.6778 of 2021
Ms.Hemamalini Muthukumar
...Petitioner in W.P.No.6781 of 2021
Vs
1. The Commissioner of Customs (Appeal - I) 60, Rajaji Salai, Customs House, Chennai - 600 001.
2. The Joint Commissioner of Customs (Adjudication-Air), Commissionerate - I, Chennai Airport & Air Cargo, New Custom House, Mennambakkam, Chennai - 600 027.
...Respondents in the above W.P.s
Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Order-in-Appeal airport C. Cus Nos.132 & 131/2019 dated 16.08.2019 and 14.08.2019 passed by the 1st respondent and quash the same and further direct the 1st respondent to decide the appeal on merits within a reasonable period.
For Petitioner in both W.P.s : Mr.G.Derrick Sam C O M M O N O R D E R The petitioner in both Writ Petitions challenge orders dated 16.08.2019 and 14.08.2019 passed by the Commissioner of Customs (Appeals - I)/R1. No reasons have been adduced explaining the delay in approaching this Court. When pointed out, learned counsel for the petitioner would state that the petitioners are Srilankan Nationals and were co-ordinating with an Agent in India, who has not exercise due diligence in attending to their affairs.
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2. However, quite apart from the fact that there is nothing to substantiate it, this explanation does not even figure in the affidavit. I am, hence of the view that there is no justification for this Court to entertain these Writ petitions, filed more than 15 months after the offending orders.
3. These Writ Petitions are dismissed in limine. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sl To
1. The Commissioner of Customs (Appeal - I) 60, Rajaji Salai, Customs House, Chennai - 600 001.
2. The Joint Commissioner of Customs (Adjudication-Air), Commissionerate - I, Chennai Airport & Air Cargo, New Custom House, Mennambakkam, Chennai - 600 027.
+1cc to M/s.Hari Radhakrishnan, Advocate, sr no.17519 W.P. Nos.6778 & 6781 of 2021 SKY(CO) RMP(29/03/2021) https://hcservices.ecourts.gov.in/hcservices/