M/S. Dhanu Steels, v. The Commissioner Of Customs,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:05.10.2018

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.13772 of 2018 M/s. Dhanu Steels No.20, 200 Feet, Inner Ring Road Manjambakkam, Chennai-600 060 Represented by its Proprietor Shri T.Ravi Chandran ..Petitioner vs.

1. The Commissioner of Customs, Chennai IV Commissionerate, Custom House, No.60, Rajaji Salai, Chennai-600 001

2. The Assistant Commissioner of Customs, (Refunds), Custom House, No.60, Rajaji Salai, Chennai-600 001 .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents, more particularly the second respondent, to process and sanction the petitioner's refund claim, registered with the office of the second respondent in SR.No.490/17 dated 02.02.2017 in terms of Section 27 of the Customs Act, 1962 read with Section 27A of the said Act. For Petitioner : Mr.B.Satish Sundar For Respondents : Mrs.R.Hemalatha Senior Standing Counsel

O R D E R

This writ petition is filed seeking for a mandamus directing the respondents, more particularly, the second respondent, to process and sanction the petitioner's refund claim, registered with the office of the second respondent in SR.No.490/17 dated 02.02.2017 in terms of Section 27 of the Customs Act, 1962 read with Section 27A of the said Act. https://hcservices.ecourts.gov.in/hcservices/

2. After notice, the matter is taken up for further hearing. The learned senior standing counsel appearing for the respondents, submitted that already an order in original dated 13.07.2018, is passed ordering sanctioning of Rs.4,66,148/- as refund to the petitioner. It is also seen that the authority has rejected the refund claim for an extent of Rs.6,916/-.

3. Since, an order was already passed by the second respondent, nothing survives in this writ petition to be adjudicated upon further. If the petitioner is still having any grievance against non-granting of the above said sum of Rs.6,916/-, it is open to them to challenge the same in the manner known to law. Accordingly, the writ petition is dismissed as infructuous. No costs.

sni Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To

1. The Commissioner of Customs, Chennai IV Commissionerate, Custom House, No.60, Rajaji Salai, Chennai-600 001

2. The Assistant Commissioner of Customs, (Refunds), Custom House, No.60, Rajaji Salai, Chennai-600 001.

+1cc to Mrs.R.Hemalatha, Advocate S.R.No.69090 KR/2/11/18 W.P.No.13772 of 2018 https://hcservices.ecourts.gov.in/hcservices/