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Madras High CourtWP/25298/2018dismissed

M/S. T.M.Karuppiah Nadar Sons v. The Director General Of

2019-06-03Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.06.2019

CORAM:

THE HON'BLE MR. JUSTICE P.D.AUDIKESAVALU W.P. Nos. 25298 to 25300 of 2018 and W.M.P. Nos. 29424 to 29432 of 2018 M/s. T.M. Karuppiah Nadar Sons Rep. by its Partner S. Sudhakar, No. 85, Monegar Choultry Road, Old Washermenpet, Chennai - 600 021. ... Petitioner in W.P. No. 24298 of 2018 M/s. Haji Traders Rep. by its Partner Ameen Sharieff, No.68/5, 1st Floor, Acharappan Street, Chennai - 600 001. ... Petitioner in W.P. Nos. 25299 & 25300 of 2018 -vs1. The Director General of Foreign Trade, Ministry of Commerce & Industries, Department of Commerce, Udyog Bhavan, H Wing, Gate No. 2, Maulana Azad Road, New Delhi - 110 011.

2. The Joint Director General of Foreign Trade, Ministry of Commerce & Industries, Department of Commerce, Udyog Bhavan, H Wing, Gate No. 2, Maulana Azad Road, New Delhi - 110 011.

3. The Commissioner of Customs, Chennai II Commissionerate, Custom House, 60, Rajaji Salai, Chennai - 600 001.

... Respondents in all W.P.s Prayer in W.P. No. 25298 of 2018:- Writ petition filed under Article 226 of Constitution of India, seeking for a Writ of Certiorarified Mandamus, calling for records in and

connected with Notification No. 22/2015-2020 dated 21.08.2017 and Notification No. 06/2015-2020 dated 04.05.2018 read with trade notice No. 19/2018 dated 25.10.2017 read with trade notice No. 06/2018-2019 dated 11.05.2018 bearing No. F. No. M-5012/ 300/2002-PC-2(A) and F.No. 01/89/180/Misc.13/AM-07/PC-2(A) attributable to the First Respondent and quash the same and further direct the Third Respondent to permit clearance of about 20,000 MTS of Black Mapte/Urad under Exim Code 0713 3100 in terms of Sales Contract No. CDPL/2854 dated 04.06.2018. Prayer in W.P. No. 25299 of 2018:- Writ petition filed under Article 226 of Constitution of India, seeking for a Writ of Certiorarified Mandamus, calling for records in and connected with Notification No. 19/2015-2020 dated 05.08.2017 and Notification No. 22/2015-2020 dated 21.08.

2017 and Notification No. 06/2015-2020 dated 04.05.2018 read with trade notice No. 19/2018 dated 25.10.2017 read with trade notice No. 06/ 2018-2019 dated 11.05.2018 bearing No. F. No. M-5012/300/2002-PC 2(A) and F.No. 01/89/180/Misc.13/AM-07/PC-2(A) attributable to the First Respondent and quash the same and further direct the Third Respondent to permit clearance of about 10,000 MTS of Pigeon Peas (Toor Whole) under Exim Code 0713 6000 in terms of Sales Contract No. CDPL/2853 dated 04.06.2018. Prayer in W.P. No. 25300 of 2018:- Writ petition filed under Article 226 of Constitution of India, seeking for a Writ of Certiorarified Mandamus, calling for records in and connected with Notification No. 22/2015-2020 dated 21.08.2017 and Notification No. 06/2015-2020 dated 04.05.2018 read with trade notice No. 19/2018 dated 25.10.

2017 read with trade notice No. 06/2018-2019 dated 11.05.2018 bearing No. F. No. M-5012/ 300/2002-PC 2(A) and F.No. 01/89/180/Misc.13/AM-07/PC-2(A) attributable to the First Respondent and quash the same and further direct the Third Respondent to permit clearance of about 10,000 MTS of Black Mapte/Urad under Exim Code 0713 3100 in terms of Sales Contract No. CDPL/2856 dated 04.06.2018.

Mr. P. Sidharthan (in all W.P.s) For Respondents:

Mr. G. Rajagopalan, Additional Solicitor General of India assisted by Mr. J. Madanagopal Rao, Central Government Standing Counsel (in all W.P.s)

C O M M O N O R D E R It is brought to the notice of this Court that in respect of the Writ Petitions filed by similarly placed persons seeking the same relief, this Court has elaborately dealt with the various contentions and by order dated 04.04.2019 in W.P. No. 15921 of 2018 etc., batch, has dismissed the same.

2.

Following the said decision of this Court, these Writ Petitions are dismissed. Consequently, the connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar vjt/sni/sri To

1. The Director General of Foreign Trade, Ministry of Commerce & Industries, Department of Commerce, Udyog Bhavan, H Wing, Gate No. 2, Maulana Azad Road, New Delhi - 110 011.

2. The Joint Director General of Foreign Trade, Ministry of Commerce & Industries, Department of Commerce, Udyog Bhavan, H Wing, Gate No. 2, Maulana Azad Road, New Delhi - 110 011.

3. The Commissioner of Customs, Chennai II Commissionerate, Custom House, 60, Rajaji Salai, Chennai - 600 001.

4.The Director General of Foreign Trade, 4th and 5th Floor, Shasthiri Bhavan, Annuese Building 26,Haddows Nooj, chennai 600006 +3ccs to Mr.T.V.Krishnamachari , Advocate SR.No. 44723,44721,44722 W.P. Nos. 25298 to 25300 of 2018 A.SK(10/06/2019)