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Madras High CourtWP/32104/2018dismissed as infructuous

Pushpam Traders v. The Director General Of Foreign Trade

2023-03-10Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2023

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.Nos.37376, 37378,37382, 37362 & 37364 of 2018 Pushpam Traders Rep by its Proprietor Mr.S.Satheesh kumar, 3/221, Sattur Road, Virudhunagar -626001, Tamil Nadu .. Petitioner in both WPs 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 Chennai II Commissionerate Custom House, 60, Rajaji Salai, Chennai-600 001. .. Respondents in both WPs

Prayer in W.P.No.32104 of 2018: Writ Petition filed under Article 226 of the Constitution of India, to issue an order or writ, more in the nature of a Writ of Certiorarified Mandamus, calling for records in and connected with Notification No.22/2015-20 dated 21.08.2017 & Notification No.6/2015-20 dated 04.05.2018 read with Trade Notice No.19/2018 dated 25.10.2017 and Table Notice No.06/2018-19 dated 11.05.2018 attributable to the 1st and 2nd respondents and quash the same and further direct the 3rd respondent to permit clearance of 2000 MTS of Green Mung Beans falling under Exim Code 0713 3100 in terms of Sales Contract No.SW/73/2018-19 dated 26.11.2018.

Prayer in W.P.No.32111 of 2018: Writ Petition filed under Article 226 of the Constitution of India, to issue an order or writ, more in the nature of a Writ of Certiorarified Mandamus, calling for records in and connected with Notification No.19/2015-2020 dated 05.08.2017 read with Trade Notice No.06/2018-19 dated 11.05.2018 attributable to the 1st and 2nd respondents and quash the same and further direct the 3rd respondent to permit clearance of about 2500 MTS of Pigeon Peas falling under Exim Code 0713 6000 in terms of Sales Contract No.SW/74/2018-19 dated 26.11.2018. For Petitioner in both WPs : M/s.A.Sushma Harini For Respondents in both WPs : Mr.J.Madhanagopal Rao, Senior Panel Counsel

O R D E R

These Writ Petitions have been filed for quashment of the impugned notifications dated 21.08.2017, 04.05.2018 & 05.08.2017 read with notices dated 25.10.2017 & 11.05.2018 which came to be issued by respondents 1 & 2 and for a direction to the 3rd respondent to permit clearance of Green Mung Beans and Pigeon Peas falling under Exim Codes in respective Writ Petitions in terms of Sales Contract dated 26.11.2018.

2. When the matter is taken up for hearing, learned counsel for the petitioner submits that the prayer sought for in these Writ Petitions have become infructuous and she has also made an endorsement to that effect.

3. In view of the above submission of the learned counsel for the petitioner, these Writ Petitions are dismissed as infructuous. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed.

10.03.2023 NHS

M.DHANDAPANI, J.

NHS 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.

10.03.2023