Stream Line Forwarders v. The Commissioner Of Customs

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 24-08-2016

CORAM

THE HONOURABLE MR.JUSTICE S.MANIKUMAR AND THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR WRIT APPEAL No.106 of 2016 and C.M.P.No.1299 of 2016 Stream Line Forwarders Rep. by its Managing Partner B.Srividhya Priya Old No.232, New No.178 1st Floor, Linghi Chetty Street Chennai - 600 001 ...

Appellant -vs1.Commissioner of Customs Customs House, Chennai - 600 001, TN 2.Deputy Commissioner of Customs Customs Broker Section Customs House, Rajaji Salai Chennai - 600 001, TN Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the order, dated 14.12.2015 made in W.P.No.14936 of 2015.

WP.No.14936 of 2015:Writ Petition is filed to issue a Writ of Certiorarified Mandamus to call for the records of Ist Respondent in proceedings in F.No.R 602-CHA, dated 29.04.2015 and to quash the same and to direct the Ist respondent to issue the renewal of customer Broker License infavour of the Petitioner.

For appellant : Mr.Nithyaesh Natraj for M/s.Nithyaesh & Vaibhav For respondent : Mr.T.Pramodkumar Chopda Standing Counsel for R1 and R2

JUDGMENT

(made by S.MANIKUMAR, J.) Though order of the writ court made in W.P.No.14936/2015 dated 14.12.2015, is impugned before us on several grounds, on this day, Mr.Nithyaesh Natraj, learned counsel for the appellant, submitted that, notwithstanding to the challenge made and now sought to be withdrawn, Ms.B.Srividhya Priya, Managing Partner of the appellant, would make a separate application to the Competent Authority for issuance of Customs Broker Licence to her, and seeks for a direction from this court to the respondents 1 and 2, to consider the same. Submission is placed on record.

2. For making an individual application, there cannot be any legal impediment, but it is for the Competent Authority, to consider as to whether such application is maintainable in law and to be considered on merits. Placing on record the above submission, permission is granted to the appellant to withdraw the writ appeal.

With the above observation, writ appeal is dismissed as withdrawn. However, there shall be no order as to cost. Consequently, the connected civil miscellaneous petition is closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar Asr

To 1.Commissioner of Customs Customs House, Chennai - 600 001, TN 2.Deputy Commissioner of Customs Customs Broker Section Customs House, Rajaji Salai Chennai - 600 001, TN +1 cc ot M/s.Anitha Advocate sr 48180 +1 cc to Mr.T.Pramod Kumar Chopda Advocate sr 48181 +1 cc to M/s.Nithyaesh Vaibhav Advocate sr 48374 +1 cc to Mr.Arun Karthik Mohan Advocate sr 48208 W.A.No.106 of 2016 aa20/09/2016