Skandia Sales And Services v. Joint General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 11.09.2020

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.No.10673 of 2017 Skandia Sales and Services, PVT.LTD., a Company Incorporated, Under the Companies Act, 1956 and rep.by its Managing Director, Mr.S.Srinivasan, Chennai-600 058.

... Petitioner Vs.

1.Joint General Manager (Air Cargo), 2.The General Manager (Air Cargo) 3.Dy.Commissioner of Customs, Gr (5B)- ACC, Office of Principal Commissioner of Customs, Chennai- VIIth Commissionerate, New Customs House, Air Cargo Cmplex, Meenambakkam, Chennai-600 027.

4.Principal Commissioner of Customs, Chennai-VIIth Commissionerate, New Customs House, Air Cargo Complex, Meenambakkam, Chennai-600 027.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first and second respondents to take suitable action on the representation dated 01.03.2017 in light of the Detention Note F.No.S.Misc./1564/2016/Gr 5B-ACC dated 06.02.2017 issued by the third respondent.

For Petitioner : No Appearance For Respondents: Mr.S.Venkatesh for R1 and R2 : Mr.Rajasekar for R3 and R4

O R D E R

Today, the matter is listed through Video Conferencing.

2. The limited prayer sought for in the present Writ Petition is for an issuance of writ of mandamus directing the respondents to take suitable action on the petitioner's representation dated 01.03.2013 seeking for waiver of demmurage charges.

3. When the matter is taken up for consideration, the learned Standing Counsel appearing for the respondents 1 and 2 submitted that the petitioner's representation dated 01.03.2017 was considered and rejected on 18.08.2017 and the rejection order was also dispatched to the petitioner on 21.08.2017 itself.

4. In view of the submission made by the learned Standing Counsel for the respondents, no effective orders can be passed in the present writ petition seeking for a direction to dispose of the petitioner's representation for waiver of demurrage charges. If at all, the petitioner is aggrieved against the rejection order, liberty is hereby granted to him to challenge the same in a manner known to law.

5. With the above direction, the Writ Petition stands closed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Joint General Manager (Air Cargo),

2.The General Manager (Air Cargo) 3.Dy.Commissioner of Customs, Gr (5B)- ACC, Office of Principal Commissioner of Customs, Chennai-VIIth Commissionerate, New Customs House, Air Cargo Cmplex, Meenambakkam, Chennai-600 027.

4.Principal Commissioner of Customs, Chennai-VIIth Commissionerate, New Customs House, Air Cargo Complex, Meenambakkam, Chennai-600 027.

+1cc to Mr.S.Venkatesan, Advocate Sr.29694 W.P.No.10673 of 2017 ak[co] srg 16/10/2020