Madras High CourtWP(MD)/1838/2020disposed of

M/S.Rudveda Syndicates v. The Commissioner Of Customs

2022-02-15Honourable Mr Justice C. Saravanan2 pages

Writ Petition (MD) No.1838 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2022

CORAM

THE HONOURABLE MR. JUSTICE C.SARAVANAN Writ Petition (MD) No.1838 of 2020 and W.M.P.(MD)No.1551 of 2020 M/s.Rudveda Syndicates, Rep. by its Authorized Person, S.P.Sekaar, 50-E/1, First Floor, Bolden Puram 3rd Street, Tuticorin.

.. Petitioner

Versus

1.The Commissioner of Customs, SIIB Section, Customs House, Tuticorin - 628 005.

2.Senior Intelligence Officer, SIIB Section, Customs House, Tuticorin - 628 005.

.. Respondents Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus, directing the respondents to adjudicate the shipping Bill Nos.9420382, 9412272, 9412273 and 9421047, which is substituted by 9721801, 9727737, 9721812, 9721753 and 9726278 and once again substituted by another set of shipping bills 9809600, 9809602, 9810231 and 9809604 on 22.01.2020. For Petitioner :

Mr.A.Thiyagarajan Senior Counsel for Mr.S.Karunakar For Respondents :

Mr.B.Vijay Karthikeyan Senior Standing Counsel

ORDER

Though this Writ Petition is filed for a Mandamus to adjudicate shipping Bill Nos.9420382, 9412272, 9412273 and 9421047, which is substituted by 9721801, 9727737, 9721812, 9721753 and 9726278 and once again substituted by another set of shipping bills 9809600, 9809602, 9810231 and 9809604 on 22.01.2020, this Writ Petition is disposed of in the light of the subsequent development based on the submissions made by the learned Senior Standing Counsel for the respondents.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Writ Petition (MD) No.1838 of 2020 2.The learned Senior Standing Counsel for the respondents submits that after the Writ Petition was filed and counter was prepared and filed before this Court, the first respondent has issued a show cause notice dated 11.09.2020, bearing SCN.No.16/2020 for the violation of the provisions of the Customs Act, 1962 and allied Acts in relation to the export covered subject bill of entries.

3.Considering the same, this Writ Petition is disposed of by directing the respondents to adjudicate the show cause notice within a period of six months from the date of receipt of a copy of this order. The petitioner is given liberty to file a reply to the show cause notice within 30 days from the date of receipt of a copy of this order. Needless to state that the show cause notice shall be adjudicated by the concerned authority and appropriate orders shall be passed after following due principles of natural justice. 4.This Writ Petition stands disposed of in terms of the above observation. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) smn2 To 1.The Commissioner of Customs, SIIB Section, Customs House, Tuticorin - 628 005.

2.The Senior Intelligence Officer, SIIB Section, Customs House, Tuticorin - 628 005.

+1 CC to M/s.B.VIJAY KARTHIKEYAN, Advocate ( SR-6569[F] dated 16/02/2022 ) WP (MD) No.1838 of 2020 15.02.2022 RK(24/02/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2