M/S.Ashok Timber Trading Company v. The Commissioner Of Customs
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2020
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN, J and WMP(MD).No.347 of 2020 M/s.Ashok Timber Trading Company, Rep.by its Partner Mr.Kishore S Patel, No,275/1, Mysore Road, NTY Layout, Gudadahally, Bangalore - 560 026.
... Petitioner vs.
1.The Commissioner of Customs, Custom House, New Harbour Estate, Tuticorin - 628 004.
2.The Assistant Commissioner of Customs (Imports), Custom House, New Harbour Estate, Tuticorin - 628 004.
3. The Plant Protection Officer, Government of India, Ministry of Agriculture & Farmers Welfare, Directorate of Plant Protection, Quarantine & Storage, Plant Quarantine Station, Tuticorin.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent connected with order No.IR21Tut2019009923, dated 27.09.2019, on the file of the 3rd respondent and quash the same and consequently direct the 3rd respondent to re-inspect the samples of the subject consignment covered under Bill of Entry No.4405280, dated 07.08.2019, and further direct the 2nd and 3rd respondents herein to release the above subject consignment on the re-inspection opinion. For Petitioner : Mr.A.K.Jayaraj For Respondents : M/s.Vijay Karthikeyan, Standing Counsel [for R1, R2] Mr.C.Jeyasingh, CGSC, [for R3] **** 1/3
O R D E R
On 09.01.2020, my learned predecessor had directed the 3rd respondent to re-test the sample within a period of 4 weeks fro the date of receipt of a copy of the said order. Today, the learned counsel for the 3rd respondent had produced a status report and in the same, it has been stated as follows:- "It is submitted that as per this Hon'ble Court order dated 09.01.2020, the 3rd respondent re-inspected the consignment of Limbali Logs imported fro Cameron on 29.01.2020 and found to be free from live infestation."
2. It is seen from the report that the sample is free from live infestation. In view of the same, the consequent relief that petitioner sought, namely to release consignment is ordered. Release of consignment is to be done by proper identification and acknowledgement. This order is passed in continuation of the order dated 09.01.2020. The writ petition is disposed of, as nothing further survives. No Costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) Pkn.
To 1.The Commissioner of Customs, Custom House, New Harbour Estate, Tuticorin - 628 004.
2.The Assistant Commissioner of Customs (Imports), Custom House, New Harbour Estate, Tuticorin - 628 004.
3. The Plant Protection Officer, Government of India, Ministry of Agriculture & Farmers Welfare, Directorate of Plant Protection, Quarantine & Storage, Plant Quarantine Station, Tuticorin.
2/3
copy to The Section Officer,Writ Section, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.JEYASINGH, Advocate ( SR-12267[F] dated 18/03/2020 ) +1 CC to M/s.B.VIJAY KARTHIKEYAN, Advocate ( SR-12355[F] dated 18/03/2020 ) +1 CC to M/s.A.K.JEYARAJ, Advocate ( SR-12520[F] dated 19/03/2020 ) Issue order copy on 19.03.2020 18.03.2020 SRK(CO) TR(19.03.2020)3P 8C 3/3