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Madras High CourtWP(MD)/10054/2019closed

S.Muthalraj v. Union Of India Rep. Through

2025-07-02Honourable Mr Justice S.M. Subramaniam,Honourable Dr.Justice A.D.Maria Clete6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2025

CORAM:

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P(MD).No.10054 of 2019 and W.M.P(MD)No.7826 of 2019 S.Muthalraj ... Petitioner -vs1. Union of India represented through, The Secretary to Government, Room No. 46, North Block, New Delhi-1.

2. The Chairman, Central Board of Indirect Taxes & Customs, Government of India, North Block, New Delhi - 100 001.

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3. The Commissioner Of Customs, Office of the Commissioner Of Customs, New Harbour Estate,

4. The Deputy Commissioner of Customs, Special Intelligence & Investigation, Branch (SIIB), New Harbour Estate,

5. The Assistant Commissioner of Customs (Draw Backs), Tuticorin - 628 004.

6. The Superintendent Of Customs (Draw Backs),

7. The Superintendent Of Customs, M/s St.John Freight Systems Limited, No.3/63 B Harbour Express Road,

8. The Inspector of Customs, M/s.St.John Freight Systems Ltd, 3/63 B Harbour Express Road, 2/6

9. M/s.St.John Freight Systems Limited, Division 3/63 B Harbour Express Road,

10. J.David Raja

11. K.Immanuel Jeya Prakash

12. David Rajamani ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to direct the respondents to initiate effective enquiry with other Economic Intelligence Agency of Ministry of Finance to unearth Fraudulent availment of Duty Drawback by various IEC holders, ICD Licensee, Registered C & F Agents and other customs department staff and Officers who are responsible for the Fraudulent availment of Duty Draw back without the presence of export cargo and consequently direct to enquire previous fake claims during the past ten years and order to recover the entire fake claim from the stack holders. For Party in Person : Mr.S.Muthalraj For R1 : Mr.C.Nandagopal Central Government Special Panel Counsel For R2 & R8 : Mr.R.Aravindan For R3 to R7 : Mr.N.Dilipkumar For R9 to R11 : Mr.S.Murugappan For R12 : Mr.S.Ramasamy 3/6

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) When the matter was taken up for hearing, the learned counsel appearing for the 8th respondent would submit that based on the complaint given by the petitioner enquiry conducted and final order has been passed. He would further submit that the petitioner also died.

2. Recording the same, the petitioner stands closed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S., J.) (A.D.M.C., J.) 02.07.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. Union of India represented through, The Secretary to Government, Room No. 46, North Block, New Delhi-1.

2. The Chairman, Central Board of Indirect Taxes & Customs, Government of India, North Block, New Delhi - 100 001.

3. The Commissioner Of Customs, Office of the Commissioner Of Customs, New Harbour Estate,

4. The Deputy Commissioner of Customs, Special Intelligence & Investigation, Branch (SIIB), New Harbour Estate,

5. The Assistant Commissioner of Customs (Draw Backs), Tuticorin - 628 004.

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S.M.SUBRAMANIAM, J.

and A.D.MARIA CLETE, J.

rgm

6. The Superintendent Of Customs (Draw Backs),

7. The Superintendent Of Customs, M/s St.John Freight Systems Limited, No.3/63 B Harbour Express Road,

8. The Inspector of Customs, M/s.St.John Freight Systems Ltd, 3/63 B Harbour Express Road, W.P(MD).No.10054 of 2019 and W.M.P(MD)No.7826 of 2019 02.07.2025 6/6