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Madras High CourtWP/18193/2015dismissed

M/S. Shree Pharma, v. The Commissioner Of Customs-Ii

2015-06-24Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.06.2015

CORAM

THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.18193 of 2015 and M.P.No.1 of 2015 M/s.Shree Pharma, New No.129, Old No.45/2, Perambalu Chetty Street, Old Washermenpet, Chennai-600 021, rep. by its Proprietor P.Arvind Kumar

...Petitioner

Versus

1. The Commissioner of Customs-II, Custom House, No.60, Rajaji Salai, Chennai-1.

2. The Joint Commissioner of Customs (Group-2), Custom House, No.60, Rajaji Salai, Chennai-1.

3.The Assistant Commissioner of Customs (Group-2), Custom House, No.60, Rajaji Salai, Chennai-1.

... Respondents Prayer:

Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to cause release of the goods (5000 kgs. Of Bronopol) covered under Bill of Entry No.8852905 dated 08.04.2015, on such terms and conditions as this Court may deem fit and proper. For Petitioner :Mr.B.Satish Sundar For Respondents:Mr.S.Xavier Felix, Senior Central Government Standing Counsel

O R D E R

The Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the respondents herein to cause release of the goods (5000 kgs. Of Bronopol) covered under Bill of Entry No.8852905 dated 08.04.2015.

2.

On the face of the records, it appears that the forum for the petitioner lies elsewhere. Without availing the said appeal remedy, the petitioner has approached this Court by way of filing https://hcservices.ecourts.gov.in/hcservices/

this Writ Petitioner. Therefore, since the petitioner has got efficacious appeal remedy, the present Writ Petition is not maintainable before this Court.

3.

In the result, the Writ Petition is dismissed as not maintainable. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar tsi

1. The Commissioner of Customs-II, Custom House, No.60, Rajaji Salai, Chennai-1.

2. The Joint Commissioner of Customs (Group-2), Custom House, No.60, Rajaji Salai, Chennai-1.

3.The Assistant Commissioner of Customs (Group-2), Custom House, No.60, Rajaji Salai, Chennai-1.

1 cc to Mr.S. Xavier Felix, Advocate Sr.31062 + 1 cc to Mr.B. Satish Sundar, Advocate Sr.30915 W.P.No.18193 of 2015 KK(CO) Eu 07.07.15 https://hcservices.ecourts.gov.in/hcservices/