P.Mathivanan v. The Commissioner Of Customs
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.8724 of 2022 P.Mathivanan ... Petitioner Vs.
1.The Commissioner of Customs, Chennai II Commissionerate, Custom House, No.60, Rajaji Salai, Chennai - 600 001.
2.The Assistant/Deputy Commissioner of Customs (RRU), No.60, Rajaji Salai, Customs House, Chennai - 600 001.
... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein to provide the petitioner with a certified copy of the order in Original No.47523/2016 dated 31.05.2016, said to have been passed by the first respondent herein, by considering the representation of the petitioner dated 28.03.2022, so as to enable the petitioner to proceed in the manner known to law.
For petitioner : Mr.J.Rajaji For Respondent : M/s.Hema Muralikrishnan Standing Counsel
ORDER
The petitioner has filed this petition seeking direction to respondents herein to provide the petitioner with a certified copy of the order in Original No.47523/2016 dated 31.05.2016, said to have been passed by the first respondent herein, by considering the representation of the petitioner dated 28.03.2022, so as to enable the petitioner to proceed in the manner known to law.
2. M/s.Hema Muralikrishnan, learned Standing Counsel takes notice for the respondents. In view of the limited relief
sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.
3. The case of the petitioner is that the first respondent had passed the order in original no.47523/2016 dated 31.05.2016, against the petitioner through the Revenue Officials attached to the Tahsildar Office at Uthukottai Taluk. Regarding the same, the customs officials have also initiated Revenue Recovery Proceedings and accordingly revenue officials informed the petitioner to take up the matter with the customs and to find a solution towards the same. However, the attempt made by the petitioner to contact his erstwhile consultant, with whom he had earlier engaged his service to give reply to show cause notice and to follow up the matter with the customs, proved futile. Hence, the petitioner made a representation dated 28.03.
2022 before the respondents for issuance of a certified copy of the said order in original, so as to enable the petitioner to further pursue legal recourse available to them in the manner known to law. However, till date no action has been taken by the respondents on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner for the above relief.
4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the respondents to consider the petitioner's representation dated 28.03.2022 within the time frame that may be fixed by this Court.
5. The learned Standing Counsel appearing for the respondents submits that the petitioner's representation dated 28.03.2022 will be considered by the respondents within the time frame that may be fixed by this Court.
6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 28.03.2022, and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.
7. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.
Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar
tri/mn To 1.The Commissioner of Customs, Chennai II Commissionerate, Custom House, No.60, Rajaji Salai, Chennai - 600 001.
2.The Assistant/Deputy Commissioner of Customs (RRU), No.60, Rajaji Salai, Customs House, Chennai - 600 001.
+1cc to Mr.J.Rajaji, Advocate SR.No.24262 +1cc to M/s.Hema Muralikrishnan, Advocate SR.No.24341 W.P.No.8724 of 2022 SJ(CO) GMY(26/04/2022)