← Library
Madras High CourtWP/29779/2018dismissed as infructuous

M/S.Niraj Agro Foods v. The Director General Of Foregin Trade

2022-11-08Honourable Mr Justice C. Saravanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.Nos.34751, 34753, 34757, 34760, 34761 & 34764 of 2018 M/s.Niraj Agro Foods, Rep by its Managing Partner, Mr.Munirathnam Naaram, S/o.Chenganna, No.157 & 158, First Floor -B, Srinivasankumar Street, Golden George Nagar, Nerkundram, Chennai - 600 107.

... Petitioner in both W.Ps.

Vs 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, 1/5

Chennai II Commissionerate, Custom House, 60, Rajaji Salai, Chennai - 600 001.

... Respondents in both W.Ps.

Prayer in W.P.No.29779 of 2018: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, call for the records relating to the notification No.19/2015-2020 dated 05.08.2017 issued by the 1st respondent and the Trade notice No.15/(2015-2020) dated 31.08.2017 to implement the same passed by the 2nd respondent relating to Exim Code 0713600 so far it relates to Toor Whole and the further notification No.06/2015-2020 dated 04.05.2018 issued by the 1st respondent so far it relates to Exim Code 07139010 as well as Trade Notice No.06/2018-2019 dated 11.05.2018 passed by the 2nd respondent quash the same and consequently direct the 3rd respondent to permit clearance of 1680 MTs of Toor Whole falling under Exim Code 07136000 in terms of Sales Contract No.181103/1 dated 03.11.2018.

Prayer in W.P.No.29788 of 2018: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, call for the records relating to the notification No.19/2015-2020 dated 05.08.2017 issued by the 1st respondent and the Trade notice No.15/(2015-2020) dated 31.08.2017 to implement the same passed by the 2nd respondent relating to Exim Code 0713600 so far it relates to Toor Whole and the further notification No.06/2015-2020 dated 04.05.2018 issued by the 1st respondent so far it relates to Exim Code 07139010 as well as Trade Notice No.06/2018-2019 dated 11.05.2018 passed by the 2nd respondent quash the same and consequently 2/5

direct the 3rd respondent to permit clearance of 20,000 MTs of Toor Whole falling under Exim Code 07136000 in terms of Sales Contract No.181105 dated 05.11.2018.

For Petitioner : Mr.M.Ilansezhiyan (in both W.Ps) for Mr.G.Ethirajulu For Respondents : Mr.J.Madhanagopala Rao (in both W.Ps) Central Government Standing Counsel COMMON

ORDER

When the matter was taken up for consideration, the learned counsel for the Petitioner submits that the relief sought for herein has become infructuous, and hence, nothing survives for adjudication in these Writ Petitions and he has also made an endorsement to that effect in the Court bundle. 2.In view of the above submission made by the learned counsel for the Petitioner, these Writ Petitions are dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed. 08.11.2022 Index: Yes/ No Internet : Yes/No jas 3/5

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.

4/5

C. SARAVANAN, J.

jas and W.M.P.Nos.34751, 34753, 34757, 34760, 34761 & 34764 of 2018 08.11.2022 5/5