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Madras High CourtWP/27827/2018disposed of

M/S.Srk Overseas, v. The Additional Commissioner Of Customs (Gr.5),

2018-10-24Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.10.2018

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.27827 of 2018 M/s.SRK Overseas Represented by its Proprietor Mr.Manoj Mohan 4732, V21, Dayanand Road, First Floor, Daryaganj, Delhi-110 002.

... Petitioner Vs.

The Additional Commissioner of Customs (GR.5) Customs Commissionerate II Custom House, No.60, Rajaji Salai, Chennai-600 001.

... Respondent Writ Petition filed under Article 226 of the Constitution of India praying to issue a WRIT OF MANDAMUS, directing the respondent herein to adjudicate the case in respect of import of these Multi Function Devices covered by Bill of Entry No.7466646 dated 02.08.2018 as requested in the letter dated 10.09.2018 filed by the petitioner before the respondent. For Petitioner :

Mr.S.Murugappan For Respondent : Mr.S.R.Sundar standing counsel

O R D E R

Mr.S.R.Sundar, learned standing counsel takes notice for the respondent. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for mandamus directing the respondent herein to adjudicate the case in respect of import of Multi Function Devices covered by Bill of Entry No.7466646 dated 02.08.2018, based on the letter dated 10.09.2018.

3. The case of the petitioner is that they imported a consignment of used Multi Function Machines during August 2018 by filing Bill of Entry No.7466646 dated 02.08.2018 and that the https://hcservices.ecourts.gov.in/hcservices/

respondent has not adjudicated the matter so far in spite of subsequent request made by the petitioner dated 10.09.2018 for passing orders on the said Bill of Entry.

4. This Court at this stage is not expressing any view on the merits of the claim made by the petitioner, as it is for the respondent to consider and decide. As the only grievance expressed before this Court is that the non-disposal of the Bill of Entry filed by the petitioner dated 02.08.2018 so far, this writ petition is disposed of, without expressing any view on the merits of the matter, only with a direction to the respondent to consider the request of the petitioner and pass orders on the said Bill of Entry on merits and in accordance with law within a period of three weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar mk To The Additional Commissioner of Customs (GR.5) Customs Commissionerate II Custom House, No.60, Rajaji Salai, Chennai-600 001.

+1cc to Mr.S.Murugappan, Advocate SR.No.72365 +1cc to Mr.S.R.Sundar, Advocate SR.No.72631 W.P.No.27827 of 2018 GMY(25/10/2018) https://hcservices.ecourts.gov.in/hcservices/