M/S.Marina Shoes Ltd v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2018

CORAM:

THE HON'BLE MR.JUSTICE M.V.MURALIDARAN W.P.No.12493 of 2004 and WPMP.No.14620 of 2004 M/S. Marina Shoes Ltd Rep. By its Director R.S.Mani, Rajan Towers, 44, Kavingar Bharathidasan Road Teynampet, Chennai - 600 018. .. Petitioner Vs.

1. Union of India Rep by its Secretary, Department of Revenue, Ministry of Finance,

2. Union of India Rep. by its Joint Secretary, Directorate of Drawback Parliament Street,

3. The Collector of Customs, Custom House, Chennai -1.

4. R.K.Talajia Officer On Special Duty /Duty Drawback Directorate of Drawback New Delhi.

.. Respondents Prayer: This Writ petition has been filed under Article 226 of Constitution of India, seeking a Writ of Mandamus to direct the 2nd respondent to pass appropriate orders on the claim made by the petitioner on 02.06.2003 for duty draw back in respect of which a personal hearing was already given on 29.03.2004 For petitioner : Mr.R.Thiyagarajan Senior Counsel for Mr.M.Muthappan For Respondents : No appearance

O R D E R

The relief sought for in this writ petition is to direct the 2nd respondent to pass appropriate orders on the claim made by the petitioner on 02.06.2003 for duty draw back in respect of which a personal hearing was already given on 29.03.2004.

2. On perusal of records, it is seen that after the personal hearing on 29.03.2004, there is no order passed till date. Therefore the petitioner filed the present writ petition before this Court.

3. Heard the arguments of the learned senior counsel appearing on behalf of the petitioner.

4. Considering the facts and circumstances of the case, since the writ petition is pending for more than 14 years, without going into the merits of the case, this Court is inclined to pass the following order:

"The second respondent is directed to pass appropriate order on the claim made by the petitioner on 02.06.2003 for duty draw back in respect of which a personal hearing was already given on 29.03.2004. The above said exercise should be done within a period of four weeks from the date of receipt of a copy of this order."

5. With the above direction, this writ petition is disposed of. Consequently, connected Miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS VI) //True copy// Sub Assistant Registrar vum To

1. The Secretary, Union of India, Department of Revenue, Ministry of Finance,

2. The Joint Secretary, Union of India, Directorate of Drawback Parliament Street,

3. The Collector of Customs, Custom House, Chennai -1.

+1cc to Mr.M.Muthappan, Advocate SR.No.50937 W.P.No.12493 of 2004 and WPMP.No.14620 of 2004 KS(CO) GN(27/08/2018)