J.Sheik Parith v. The Commissioner Of Customs

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Thursday, the Twenty Fourth day of October Two Thousand Nineteen PRESENT THE HON`BLE DR.JUSTICE ANITA SUMANTH WMP No.29666 of 2019 in WP.No.29526 of 2012 J.SHEIK PARITH [ PETITIONER ] Vs 1 THE COMMISSIONER OF CUSTOMS [ RESPONDENTS ] (SEAPORT-EXPORTS), CUSTOMS HOUSE, RAJAJI SALAI, CHENNAI-1 2 THE ADDITIONAL DIRECTOR GENERAL DIRECTORATE OF REVENUE INTELLIGENCE, SOUTH ZONAL UNIT, 27, ADARSH TOWERS, GN CHETTY ROAD, T.NAGAR, CHENNAI-17.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to implead the proposed respondent, viz., The Additional Director General,Directorate of Revenue Intelligence, South Zonal Unit, 27, Adarsh Towers, GN Chetty Road, T.Nagar, Chennai-17 as the second respondent in the above writ petition in WP No.29526 of 2012. Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.VIJAY NARAYANAN SENIOR COUNSEL for MR.N.VISWANATHAN, Advocate for the petitioner and of MS.APARNA NANDAKUMAR CGSC for the 1st respondent and of MR.V.SUNDARESWARAN SPC for the 2nd respondent the court made the following order:- In the light of order of learned Single Judge dated 22.12.2014 in WP.No.899 of 2013 in which the DRI was a party, I am of the considered view that the DRI should be impleaded as party to the present case as well.

2. This is specifically for the reason that the learned Single Judge in that order had directed the respondents therein, the Customs Authorities as well as the DRI to supply various documents to the petitioner.

3. In the present case, the petitioner alleges that order dated 22.12.2014 has not been complied with. Unfortunately the DRI has not been arrayed as a respondent in this writ petition. The Customs Authorities arrayed as respondent state that the documents in their possession have been supplied to the petitioner and what remains is in the possession of the DRI.

4. In the absence of the DRI, this Court is unable to ascertain the veracity or otherwise of the above submission. Thus, the DRI is impleaded as a party/respondent to this writ petition. Registry will cause necessary amendments to the cause-title.

5. Mr.Sundareswaran, learned Panel Counsel for the DRI accepts notice in Court today and seeks two weeks time to file counter.

6. The counter should specifically deal with compliance of the directions in order dated 22.12.2014 passed in WP.No.899/2013, apart from addressing other averments in the writ petition.

7. List on 07.11.2019 -sd/- 24/10/2019 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE COMMISSIONER OF CUSTOMS (SEAPORT-EXPORTS), CUSTOMS HOUSE, RAJAJI SALAI, CHENNAI-1 2 THE ADDITIONAL DIRECTOR GENERAL DIRECTORATE OF REVENUE INTELLIGENCE, SOUTH ZONAL UNIT, 27, ADARSH TOWERS, GN CHETTY ROAD, T.NAGAR, CHENNAI-17.

C.C. to N.VISWANATHAN Advocate on payment of necessary charges

C.C. to MS.APARNA NANDAKUMAR CGSC on payment of necessary charges C.C. to MR.V.SUNDARESWARAN SPC on payment of necessary charges Order in WMP.29666/2019 in WP.29526/2012 Date :24/10/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VS 24.10.2019