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Madras High CourtWP/6605/2016disposed of

Shri J.S.Gujral v. The Commissioner Of Customs,

2016-04-05Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2016

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.6605 of 2016 and WMP No.5866 of 2016 Shri J.S. Gujral .. Petitioner v.

1. The Commissioner of Customs, Chennai-II Commissionerate, Custom House, No.60, Rajaji Salai, Chennai - 600 001

2. The Addl. Commissioner of Customs, Group V B, Chennai - II Commissionerate Custom House, No.60, Rajaji Salai, Chennai - 600 001 ..Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents, more particularly, second respondent to conduct and conclude adjudication proceedings with respect to Bill of Entry No.5223972 dated 17.4.2014 relating to import of one "Nissan NV350 caravan diesel automatic transmission car" pursuant to orders of the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Chennai in final order No.41729/2015 dated 23.12.2015.

For Petitioner : Mr.B. Satish Sundar For Respondents : Mr.V. Sundareswaran Standing Counsel

ORDER

The petitioner has filed the above writ petition to issue a writ of Mandamus directing the respondents, more particularly, second respondent to conduct and conclude adjudication proceedings with respect to Bill of Entry No.5223972 dated 17.4.2014 relating to import of one "Nissan NV350 caravan diesel automatic transmission car" pursuant to orders of the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Chennai final Order No.41729/2015 dated 23.12.2015.

2. Mr.B. Satish Sundar, learned counsel appearing for the petitioner submitted that the petitioner had participated in the enquiry and also filed the written submissions before the second https://hcservices.ecourts.gov.in/hcservices/

respondent on 28.03.2016. The learned counsel further submitted that the second respondent may be directed to pass orders in the matter within a stipulated time.

3.

Mr..V. Sundareswaran, learned Standing Counsel appearing for the respondents, submitted that the second respondent may be directed to decide the matter in accordance with law within a period of two weeks.

4. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, I direct the second respondent to decide the matter and pass orders in the matter on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. With this observation, the writ petition is disposed of. No costs. Consequently, connected MP is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sr To

1. The Commissioner of Customs, Chennai-II Commissionerate, Custom House, No.60, Rajaji Salai, Chennai - 600 001

2. The Addl. Commissioner of Customs, Group V B, Chennai - II Commissionerate Custom House, No.60, Rajaji Salai, Chennai - 600 001 +1cc to Mr.Sundareswaran, Advocate, S.R.No.21792 +1cc to Mr.Satish Sundar, Advocate, S.R.No.21408 MG(CO) EU(06/04/2016) W.P.No.6605 of 2016 https://hcservices.ecourts.gov.in/hcservices/