Madras High CourtWP/7880/2013disposed of

M/S.Aircel Cellular Ltd, v. The Union Of India,

2020-03-11Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2020

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.7880 of 2013 & MP.No.2 of 2013 M/s.Aircel Cellular Ltd., Represented by its Authorised Signatory Mr.M.Vijayakumar ... Petitioner Vs.

1.The Union of India through the Secretary, Ministry of Finance, Department of Revenue, North Block, New Delhi - 110 001.

2.The Commissioner of Customs (Airport) Integrated Cargo Complex Meenambakkam, Anna Nagar West Extn.

Chennai - 600 101.

3.The Deputy Commissioner of Customs (Group - 5) O/o.Commissioner of Customs (Airport & Aircargo) Complex, Meenambakkam, Chennai - 600 027.

4.The Central Board of Excise and Customs (CBEC), Department of Revenue, Ministry of Finance, Represented by its Chairman, having its office at North Block, New Delhi 110 001.

1/5

5.The Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench 26, Haddows Road, Shastri Bhavan Annexe, 1st Floor Chennai - 600 006.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the Circular No.967/ 01/2013-Cx., dated 1.1.2013 issued by the 4th respondent and quash the same as illegal, unreasonable, arbitrary and violative of Article 14 and 19(1)(g) of the Constitution of India and consequently forbear the 3rd respondents from recovering the duty demand in pursuant to the Order-in-Original No.567/2012, dated 22.10.2012, passed by the Commissioner of Customs, (Airport), Integrated Cargo Complex Meenambakkam, Chennai- 600 027, the 2nd respondent herein, in so far as the petitioner is concerned. For Petitioner : Mr.Lakshmi Kumaran For Respondents : Mr.A.P.Srinivas for R1 to R4

O R D E R

The learned counsel appearing for the petitioner submits that the relief sought for in this petition has become infructuous and hence the writ petition may be dismissed as infructuous. The learned counsel has also made an endorsement to that effect in the bundle.

2.Recording the endorsement made by the learned counsel appearing for the petitioner, this writ petition petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition, if any, is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar pri 2/5

To 1.The Secretary, Ministry of Finance, Department of Revenue, North Block, New Delhi - 110 001.