M/S.Hisenins Exim, v. The Deputy Commissioner Of Customs (Gr.5)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:
05.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY WP.No.18886 of 2024 M/s.Hiseins Exim No.86, 2nd Floor, Varadha Muthiappan Street, Sowcarpet, Chennai- 600 001.
Petitioner ...Vs...
1. The Deputy Commissioner of Customs (Gr.5) No.60, Rajaji Salai, Customs House, Chennai- 600 001.
2. The Addl. Commissioner of Customs (Gr.5) No.60, Rajaji Salai, Customs House, Chennai-600 001.
3. The Commissioner of Customs (Gr.5) No.60, Rajaji Salai, Customs House, Chennai- 600 001.
Respondents Prayer:- This Writ Petition is filed, under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the Respondents herein to consider the representation of the petitioner dated 25.03.2024, in so far as, in the said representation, the petitioner had sought for the re1/6
export the goods under import, being a live consignment, covered under two Bills of Entry Nos. (1) 6750228 dated 06.07.2023 and (2) 6769305 dated 07.07.2023, pending any further proceedings in the subject matter by the respondents and also to further direct the respondents to issue necessary detention certificate for waiver for demurrage/detention charges under Reg. 6(1) of the Handling of Cargos in Customs Area Regulations 2009, as amended.
For Petitioner : Mr.S.Baskaran For Respondents : Mr.Rajnish Pathiyil Senior Panel Counsel
O R D E R
This Writ Petition is filed seeking direction to the the Respondents herein to consider the representation of the petitioner dated 25.03.2024, wherein, the petitioner had sought for the re-export of the goods under import, being a live consignment, covered under two Bills of Entry Nos. (1) 6750228 dated 06.07.2023 and (2) 6769305 dated 07.07.2023, pending any further proceedings in the subject matter by the respondents and also to further direct the respondents to issue necessary detention certificate for waiver for demurrage/detention charges under Reg. 6(1) of the Handling of Cargos in Customs Area Regulations 2009, as amended. 2/6
2. Mr.Rajnish Pathiyil, learned Senior Panel Counsel takes notice on behalf of the Respondents.
3. By consent of both sides, this Writ Petition is taken up and disposed of at the stage of admission itself.
4. The learned counsel for the Petitioner would submit that the Petitioner is a proprietorship concern, which is engaged in the business of import and trading. During the course of business,t he Petitioner imported two consignments viz., Spare parts for printing plates, from the overseas seller and accordingly filed two Bill of Entries along with import documents through its CHA for clearance, before the Respondent. He further submitted the Respondent has not come forward to release the goods. In this regard, the Petitioner made a representation on 25.03.2024 to the Respondents, requesting for re-export of the goods. Since the same has not been considered so far, this Writ Petition has been filed seeking for the aforesaid relief.
5. At this juncture, the learned Standing Counsel for the Respondents submitted that the representation pending before the 3/6
Respondents may be directed to be disposed of, within a stipulated time fixed by this Court.
6. This Court heard the learned counsel on either side and also perused the materials placed on record
7. Considering the submissions made by the learned counsel for Petitioner as well as the Respondents, without expressing any opinion on the merits of the case, this Court directs the Respondent to dispose of the representation of the Petitioner dated 25.03.2024, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order and communicate the decision taken to the Petitioner.
8. With the above directions, this Writ Petition is disposed of. No costs.
05.08.2024 Index:Yes/No Web:Yes/No Speaking/Non Speaking arr 4/6
To
1. The Deputy Commissioner of Customs (Gr.5) No.60, Rajaji Salai, Customs House, Chennai- 600 001.
2. The Addl. Commissioner of Customs (Gr.5) No.60, Rajaji Salai, Customs House, Chennai-600 001.
3. The Commissioner of Customs (Gr.5) No.60, Rajaji Salai, Customs House, Chennai- 600 001.
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KRISHNAN RAMASAMY, J.
arr WP.No.18886 of 2024 06.08.2024 6/6