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Madras High CourtWP/40178/2025disposed of

Jignesh Kishorbhai Patadiya v. The Principal Commissioner Of Customs

2025-10-30Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.10.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.45129 of 2025 Jignesh Kishorbhai Patadiya S/o Kishorbhai Ratilal Patadiya Petitioner Vs 1.The Principal Commissioner of Customs (Airport) New Custom House, Meenambakkam, Chennai 600 016.

2.Commissioner Of Customs (Appeals I ) New Custom House, Meenambakkam, Chennai 600 016.

3.The Deputy Commissioner of Customs (Airport) Anna International Airport, Chennai 600 027.

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the third respondent herein to take up the adjudication in O.S.No.1397/2023 on the file of the said respondent, hear the petitioner and pass appropriate order in the adjudication pursuant to the order of the second respondent made in Order-in-Appeal/C.Cus.I No.271/ 2024 dated 23.04.2024. For Petitioner : Mr.B.Satish Sundar 1/4

For Respondents : Mr.R.P.Pragadish Senior Standing Counsel *****

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the third respondent to take up the adjudication pending in O.S.No.1397 of 2023 and to pass appropriate orders pursuant to the order passed by second respondent dated 23.04.2024.

2. Heard Mr.B.Satish Sundar, learned counsel for petitioner and Mr.R.P.Pragadish, learned Senior Standing Counsel appearing for respondents.

3. The case of the petitioner is that he along with his family went on tour to Dubai and when they landed at Chennai International Airport, they were intercepted by the customs authority and two gold chains were seized from the petitioner and his wife weighing 160 gms. valued at Rs.8,53,111/-. Thereafter, the adjudicating authority, viz., the third respondent passed an order on 20.11.2023 confiscating two gold chains and also imposed penalty of Rs.85,000/- on the petitioner. Aggrieved by the same, the petitioner filed an appeal before the second respondent. The second respondent, by order dated 23.04.2024, set aside 2/4

the order passed by the third respondent and remanded the matter to the third respondent for de novo adjudication. Thereafter, there was no progress before the third respondent and the representation made by the petitioner on 10.08.2025 also did not evoke any response. It is under these circumstances, the present writ petition has been filed.

4. Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the third respondent to proceed with the case and dispose of the same on its own merits and in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order. This writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 30.10.2025 Index:yes/no Speaking order/Non-speaking order gm N.ANAND VENKATESH, J.

gm To 3/4

1.The Principal Commissioner of Customs (Airport) New Custom House, Meenambakkam, Chennai 600 016.

2.Commissioner Of Customs (Appeals I ) New Custom House, Meenambakkam, Chennai 600 016.

3.The Deputy Commissioner of Customs (Airport) Anna International Airport, Chennai 600 027.

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