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Madras High CourtWP/14468/2024disposed of

M.Mohammed Azad, v. The Commissioner Of Customs,(Preventive),

2026-03-10Honourable Mr.Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-03-2026

CORAM

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P. Nos.15741 and 15742 of 2024 M.Mohammed Azad, S/o.Shri Mohamed Najmudin, No. 8/183, Pallivasal Street, Therkutharavai, Sakkarakottai, Ramanathapuram-623 504.

..Petitioner(s) Vs

1. The Commissioner of Customs,(preventive), No.1, Williams Road, Cantonment, Tiruchirapalli -620 001.

2. The Joint Commissioner of Customs, (Preventive), Office of the Commissioner of Customs, (Preventive), No.1, Williams Road, Cantonment, Tiruchirapalli -620 001.

3. The Secretary, Directorate of Revenue Intelligence, Chennai Zonal Unit, 27, G.N. Chetty Road, T.Nagar, Chennai -600 017.

..Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 2nd respondent in his proceedings in GEN/ADJ/ADC/10/10/2024-ADJN dated 28.03.2024 quash the same as illegal and consequently direct the 1st and 2nd Respondent to release 2 gold chains weighing 360 grams to the petitioner within the time limit as fixed by this Court with any such condition as this Court may deem fit and proper as per the

circumstances of the case.

For Petitioner(s):

Ms.L.Meenakshi for M.Dinesh For Respondent(s):

Mr.S.R.Sundar Senior Standing Counsel (for R1 & R2) Mr.V.Sundaresan (for R3)

ORDER

After submitting for a brief while, this Court pointed out that the issues that arise for consideration would give rise to disputed questions of fact and it may not be appropriate for this Court to entertain the same under Article 226 of the Constitution of India

2. To which, the learned counsel for petitioner would request that they may be granted liberty to file an appeal.

3. In that view of the matter, petitioner is granted liberty to file an appeal within a period of three weeks from the date of receipt of a copy of this order. If any such appeal is filed, the same shall be admitted, entertained and appropriate orders be passed by the appropriate authority without reference to limitation subject to the petitioner complying with all other conditions including predeposit, if any.

4. Accordingly, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 10-03-2026 Index: Yes/No Speaking/Non-speaking order MKA To:

1. The Commissioner of Customs (Preventive), No.1, Williams Road, Cantonment, Tiruchirapalli -620 001.

2. The Joint Commissioner of Customs (Preventive), Office of the Commissioner of Customs (Preventive), No.1, Williams Road, Tiruchirapalli-620 001.

3. The Secretary, Directorate of Revenue Intelligence, Chennai Zonal Unit, 27, G.N. Chetty Road, T. Nagar, Chennai -600 017.

MOHAMMED SHAFFIQ J.

MKA 10-03-2026