Madras High CourtWP/31601/2018dismissed as infructuous

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

2021-12-16Honourable Mr Justice Krishnan Ramasamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.12.2021 C O R A M THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY W.P.Nos.31601 & 31614 of 2018 and W.M.P.Nos.36826, 36831, 36834, 36848 to 36851 of 2018 M/s.Niraj Agro Foods Rep. by its Managing Partner, Mr.Munirathnam Naaram

...Petitioner

in W.P.No.31601 of 2018 M/s.Rajni Exports & Imports, Rep. by its Partner, Rajiv Naaram

...Petitioner

in W.P.No.31614 of 2018 Vs

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

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

... Respondents in both W.Ps Prayer in W.P.No.31601 of 2018:

31.08.2017 to implement the same passed by the second respondent relating to Exim Code 07136000 so far it relates to Toor whole and the further notification No.06/2015-2020 dated 04.05.2018 issued by the first 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 second respondent quash the same and consequently direct the third respondent to permit clearance of 5000 MTs of Toor whole falling unde Exim Code 0713 6000 in terms of Contract No.TISPL/18-19/5/0126 DATED 23.11.2018.

Prayer in W.P.No.31614 of 2018:

Writ Petition filed under Section 226 of the Constitution of India, prayed for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the notification No.22/2015-2020 dated 21.08.2017 and notification No.06/20152020 dated 04.05.2018 issued by the first respondent read with Trade Notice No.19/2018 dated 25.10.2017 and the Trade Notice No.6/2018-2019 dated 11.05.2018 bearing F.No.M-5012/300-2002PC-2(A) and F.No.01/89/180-Misc.13/AM-07/PC-A2 issued by the second respondent, quash the same and consequently direct the third respondent to permit clearance of 5000 MTs of Black Matpe falling under Exim Code 07133100 in terms of Contract No.TISPL/18-19/5/0125 dated 23.11.2018.

In both W.Ps For Petitioner :

No Appearance For R1 :

Mr.J.Madhanagopal Rao Senior Panel Counsel For R2 :

Mr.V.Chandrasekaran Senior Panel Counsel For R3 :

Mr.P.Rajukumar Jhabakh Junior Standing Counsel COMMON ORDER When the matter is taken up for hearing today, there is no representation for the petitioners.

2.The learned Senior Panel Counsel appearing for the respondents 1 and 2 would submit that this Court has already disposed of similar Writ Petitions as the prayer sought for in the Writ Petitions were become infructuous. Therefore, they requested to dispose of these Writ Petitions as infructuous.

3.Recording the submission made by the learned Senior Panel Counsel, these Writ Petitions are dismissed as infructuous. No costs. Connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rst To

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

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

W.P.Nos.31601 & 31614 of 2018 and W.M.P.Nos.36826, 36831, 36834, 36848 to 36851 of 2018 SR(CO) CT 07/01/2022