M/S.John Crane Sealing Systems v. The Additional Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.01.2020
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P. No.33112 of 2013 and MP No.1 of 2013 M/s.John Crane Sealing Systems India Pvt. Ltd., No.1, Ground Floor, Casa Blanca, Casa Major Road, Egmore, Chennai - 600 008.
...
Petitioner Vs
1. The Additional Director General of Foreign Trade, Office of Director General of Foreign Trade, Udyog Bhavan, New Delhi - 110 107.
2. The Joint Director General of Foreign Trade, 4th & 5th Floor, Shastri Bhavan Annexe, No.26, Haddows Road, Chennai - 600 006.
3. The District Collector of Chennai, Chennai.
4. The Tahsildar, Egmore - Nungambakkam Taluk, Chennai - 600 031.
.... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of certiorarified Mandamus to call for the records of the third respondent
culminating in the order dated 20.11.2013 issued from File Pro. No.G2/34502/2013 and quashing the same, direct the first respondent to hear and dispose of the appeal filed before him. For petitioner : Ms.K.Nancy For respondents : Mr.S.Thiruvengadam for R1 and R2
ORDER
It is represented by the learned counsel for the 1st and 2nd respondents that subsequent to the filing of the writ petition, the appeal filed by the petitioner has been disposed of on 26.06.2015. The order, dated 26.06.2015 passed by the Appellate Authority has also been produced before this Court. The Appellate authority has set aside the order-in-original No.04/81/041/00008/AM 04, dated 11.07.2012 passed by the Joint Director General of Foreign Trade, Chennai and remanded back to the Revenue Authority, Chennai for denovo examination and passing further orders as deemed fit. The impugned order dated 20.11.2013 in this writ petition is a demand made by the respondents pursuant to the order-in-original No.
No.04/81/041/00008/AM 04, dated 11.07.2012 passed by the Joint Director General of Foreign Trade, Chennai.
2. Since, the order-in-original No.04/81/041/00008/AM 04, dated 11.07.2012 has been set aside by the Appellate Authority, the impugned order, dated 20.11.2013 issued by the third respondent has to go and is quashed. However, it is made clear that as and when final orders are passed, the first respondent is at liberty to make a fresh demand against the petitioner based on the order to be passed by the second respondent in the near future.
3. With the above directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar vsi2
To
1. The Additional Director General of Foreign Trade, Office of Director General of Foreign Trade, Udyog Bhavan, New Delhi - 110 107.
2. The Joint Director General of Foreign Trade, 4th & 5th Floor, Shastri Bhavan Annexe, No.26, Haddows Road, Chennai - 600 006.
3. The District Collector of Chennai, Chennai.
+1cc to Mr.S.Thiruvengadam, Advocate, SR.No.1105. +1cc to Mr.S.Murugappan, Advocate, SR.No.699. W.P. No.33112 of 2013 BS(CO) CSR: 18.02.2020