Madras High CourtWP(MD)/6546/2024disposed of

Kamalakannan v. The Additional Commissioner Of Customs (Preventive)

2024-03-18Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)Nos.6121 and 6122 of 2024 Kamalakannan ... Petitioner versus

1. The Additional Commissioner of Customs (Preventive), Office of the Commissioner of Customs (Preventive), No.1, William Road, Cantonment, Tiruchirappalli.

... Respondent Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorari, to call for the records pertaining to the impugned order passed by the respondent in his proceedings C.No.GEN/ADJ/JC/39/2023-ADJN dated 05.01.2024 and the corrigendum order in File No.GEN/ADJ/JC/38/2023-ADJN dated 11.01.2024 and quash the same as illegal.

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For Petitioner : Mr.T.Lenin Kumar For Respondent : Mr.N.Dilipkumar, Standing Counsel

ORDER

The order of confiscation dated 05.01.2024 is challenged in this writ petition.

2. The learned Standing Counsel appearing for the respondent submits that the petitioner is having an appeal remedy, however, without exhausting the same, the petitioner has filed this writ petition. According to him, the order of confiscation dated 05.01.2024 was followed by corrigendum order dated 11.01.2024 and the same was served on the petitioner on 18.01.2024. Therefore, the petitioner can very well file an appeal before the appellate authority, within the statutory period of 60 days.

3. Since the petitioner is having an appeal remedy and he has filed this writ petition without exhausting the same, this writ petition is 2/4

disposed of with liberty to the petitioner to file an appeal before the appellate authority, within a period of one week from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.

18.03.2024 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

Note : Issue order copy on 19.03.2024 To The Additional Commissioner of Customs (Preventive), Office of the Commissioner of Customs (Preventive), No.1, William Road, Cantonment, Tiruchirappalli.

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B.PUGALENDHI, J.

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