← Library
Madras High CourtWP/17943/2024dismissed as infructuous

Shri Alla Pitchai v. The Deputy / Assistant Commissioner Of Customs, Batch-C

2025-03-21Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2025

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Shri Alla Pitchai .. Petitioner vs.

1.The Deputy/Assistant Commissioner of Customs, Batch-C, Anna International Airport, Meenambakkam, Chennai - 600 016.

2.The Principal Commissioner of Customs, New Customs House, Anna International Airport, GST Road, Meenambakkam, Chennai - 600 016.

.. Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to release the detained goods as per the detention report dated 14.09.2023 with reference number DR/INMAA4/14-09-2023/003415 except cigarettes for consumption upon payment of appropriate customs duty. For Petitioner :

Mr.Akhil Akbar Ali For Respondents :

Mr.M.Santhanaraman, Senior Standing Counsel

ORDER

1/4

This writ petition has been filed seeking for a direction to the respondents to release the detained goods as per the detention report dated 14.09.2023.

2.It is now brought to the notice of this Court by the learned Senior Standing Counsel appearing for the respondents that subsequent to the filing of this writ petition, an adjudication order has been passed by the respondents on 28.12.2023. Since the final adjudication order has been passed subsequent to the filing of this writ petition, necessarily, the said adjudication order dated 28.12.2023 has to be challenged by the petitioner in the manner known to him under law.

3.Learned counsel for the petitioner would submit that till date, the petitioner has not been served with a copy of the final adjudication order dated 28.12.2023. The said statement is recorded. 4.As observed earlier, necessarily, the petitioner will have to challenge the final adjudication order dated 28.12.2023 in the manner known to him under law with regard to the alleged non receipt of the adjudication order dated 28.12.2023 and the grievance of the petitioner 2/4

can be redressed only by challenging the impugned adjudication order dated 28.12.2023 passed by the respondents in the manner known to the petitioner under law.

5.Since the final adjudication order pursuant to the impugned proceedings has been passed by the respondents, nothing survives for further adjudication in this writ petition. Accordingly, this writ petition is dismissed as infructuous. Liberty is granted to the petitioner to challenge the adjudication order dated 28.12.2023 passed by the respondents in the manner known to him under law. No costs.

21.03.2025 Index: Yes/No vga 3/4

ABDUL QUDDHOSE, J.

vga To 1.The Deputy/Assistant Commissioner of Customs, Batch-C, Anna International Airport, Meenambakkam, Chennai - 600 016.

2.The Principal Commissioner of Customs, New Customs House, Anna International Airport, GST Road, Meenambakkam, Chennai - 600 016.

21.03.2025 4/4