Southern Agrifurane v. The Excise Commissioner

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 14.07.2020

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH WP.No.22673 of 2014 Southern Agrifurane Industries (p) Ltd, Rep.by its Authorised Signatory, E.J.Thomas, No.44/1927, A-2, Periyath Building, Friends Road, Kaloor, Ernakulam-682 017, Kerala.

...Petitioner

Vs

1. The Excise Commissioner, Union Territory of Puducherry, Puducherry.

2. Secretary to Govt., Sales Tax Department, Govt. of Puducherry, Puducherry.

3. The Chief Manager, State Bank of India, Main Branch, Puducherry.

4. M/s.Prabhat Trade Links, Rep.by Director Mr.Arun Sebastian, MC-X/511, Main Road, Palloor, Mahe

5. M/s.Deekay Exports Limited Rep by Proprietor Mr.Ravichandran, No.7 & 8, Park Land Apartments, E-12 Nathan Street, Harrington Road, Chetpet, Chennai-600 031.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus or any other writ order or direction in the nature of writ directing the respondents 1 and 2 herein to consider the representation dated 27.03.2014, given to the respondents and pass orders thereon with in a time frame to be fixed by this Court.

For Petitioner : Mr.K.Ashok Kumar For Respondents: Mrs.G.D.Jearany Govt. Pleader (Puducherry) for R1 & R2

O R D E R

Today, the matter is called through video conferencing. By consent of both the parties, the present writ petition is taken up for final disposal.

2. Aggrieved against the non-consideration of the petitioner's representation dated 27.03.2014, seeking for de-freezing their account maintained before the State Bank of India, the present writ petition has been filed.

3. Since the representation has been made in the year 2014, it would not be appropriate to direct the respondents herein to consider the representation, after a lapse of 6 years. Nevertheless, if the petitioner is granted liberty to file a fresh representation in this regard, the ends of justice could be secured.

4. In the light of the above observation, the petitioner is granted liberty to make a fresh representation ventilating his grievances and on receipt of the same, the first respondent herein shall pass appropriate orders, after giving due opportunity to the petitioner as well as the respondents 3 to 5 herein on its own merits and in accordance with law, within a period of 8 weeks from the date of receipt of the representation.

5. Accordingly, the Writ Petition stands disposed of. No costs.

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

To 1.The Excise Commissioner, Union Territory of Puducherry, Puducherry.

2.Secretary to Govt, Sales Tax Department, Govt of Puducherry, Puducherry.

3.The Chief Manager, State Bank of India, Main Branch, Puducherry.

WP.No.22673 of 2014 MP(CO) CB(07/08/2020)