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Madras High CourtWP/37292/2004withdrawn dismissed

Commissioner Of Customs v. Customs And Central Excise

2016-03-22Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2016

CORAM

THE HONOURABLE MR.JUSTICE M.DURAISWAMY WP.Nos.37292 to 37297 of 2004 and WMP.Nos.44750 to 44755 of 2004 Commissioner of Customs, Custom House, New Harbour Estate, Tuticorin ... Petitioner in all W.Ps.

Versus

1. Customs and Central Excise Settlement Commission Additional Bench, Narkada Block, 2nd floor, Custom House, 33, Rajaji Salai, Chennai-600 001. .. first respondent in all W.P.

2. M/s.Durairaj Mills Limited, Pethanaickenpalayam, Pongalur P.O., Coimbatore District, P.Puliampatti - 638 459 .. Second Respondent in W.P.37292 & 37294 of

3. M/s.Sri. Ramakrishna Mills (Coimbatore) Limited, 1493, Sathyamangalam Road, P.B.No.2007, Ganapathy, Coimbatore 641 006.

.. Second Respondent in W.P.37293, 37296 & 37297 of 2004

4. M/s.Sri. Ramakrishna Mills (Coimbatore) Limited, 3, Bhavani River Street, Arippanpalayam, Sathyamangalam - 638 402, Erode.

.. Second Respondent in W.P.37295 of 2004 Prayer in W.P.No.37292 of 2004 Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records relating to the Admission order No.36 of 2003, dated 18.08.2003 and the consequential final order passed by the first respondent in Final Order NO.07/2004-Cus. dated 27.02.2004 and quash the same.

Prayer in W.P.No.37293 of 2004 Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records relating to the Admission order No.18 of 2003, dated 21.04.2003 and the consequential final order passed by the first respondent in Final Order No.9/2003-Cus. dated 29.07.2003 and quash the same.

Prayer in W.P.No.37294 of 2004 Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the Admission order No.17 of 2003, dated 16.04.2003 and the consequential final order passed by the first respondent in Final Order No.10/2003 dated 11.08.2003 and quash the same.

Prayer in W.P.No.37295 of 2004 Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records relating to the Admission order No.24 of 2003-Cus. dated 23.06.2003 and the consequential final order passed by the first respondent in Final Order No.23/2004-Cus. dated 23.07.2004 and quash the same.

Prayer in W.P.No.37296 of 2004 Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records relating to the Admission order No.48 of 2003 dated 03.11.2003 and the consequential final order passed by the first

respondent in Final Order No.42/2004-Cus. dated 27.09.2004 and quash the same.

Prayer in W.P.No.37297 of 2004 Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records relating to the Admission order No.49 of 2003-Cus, dated 03.11.2003 passed by the first respondent and quash the same. For Petitioner in all W.Ps : Mr. T.Chandrasekaran SCGSC For Respondents in all W.Ps : Mr.S.Radhakrishnan, for R2 in W.P.No.37292 & 37294 of 2004 : Mr.Hari Radha Krishnan, for R2 in W.P.Nos.37293, 37295 to 37297 of 2004.

ORDER

The learned counsel appearing for the petitioner had sought permission of this Court to withdraw the Writ Petitions and also made an endorsement to that effect.

2. In view of the same, the Writ Petitions are dismissed as withdrawn. Consequently, connected Miscellaneous Petitions are closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar mrp

To

1. Teh Administrative Officer, Customs and Central Excise Settlement Commission Additional Bench, Narkada Block, 2nd floor, Custom House, 33, Rajaji Salai, Chennai-600 001.

+1 cc to M/s.Hari Radhakrishnan Advocate sr.18007 +1 cc to Mr.T.Chandrasekaran Advocate sr.18451 WP.Nos.37292 to 37297 of 2004 aa30/03/2016