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Madras High CourtWP(MD)/11687/2020allowed

Salmag Enterprises v. The Additional Commissioner Of Customs(Adj)

2020-09-15Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.11687 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.11687 of 2020 M/s.Salmag Enterprises Al Block, No.16, Balaji Apartments Steel Plant Road, Auditors Garden Jakirammapalayam, Salem 636 302 By its Proprietor N.Saravana Kumar ... Petitioner Vs.

The Additional Commissioner of Customs (Adj) Office of the Commissioner of Customs New Harbour Estate, Turicorin 628 004 ... Respondent Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent herein to provide the petitioner with a certified copy of the order in Original No.28/2018 dated 16.08.2018 passed by the respondent herein viz., the Additional Commissioner of Customs (Adj) Tuticorin, by considering the representation of the petitioner dated 30.01.2020 so as to enable the petitioner to take further legal recourse in the matter in a manner known to law. For Petitioner : Mr.S.Baskaran For Respondent : Mr.B.Vijayakarithikeyan

O R D E R

Heard the learned counsel on either side. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2. All that the petitioner wants is that he should be provided with certified copy of the petition mentioned order. In this regard, the petitioner has given a representation on 30.01.2020. 3.I am of the view that no exception can be taken to the said request. I therefore direct the respondent to furnish the petitioner with certified copy of the said order at the earliest. I make it clear that the order now passed by me will not in any way give fresh lease of life, if the limitation period has already expired. The petitioner's counsel of course states that he has not received the copy of the order. That should be independently established before the concerned forum or authority. My direction to the respondent to furnish the petitioner with certified copy will not give any leverage. The contentions of both parties are left open as regards the computation of limitation period. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.11687 of 2020 4.With this clarification and observation, this writ petition is allowed. No costs.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) msa Note: In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To The Additional Commissioner of Customs (Adj) New Harbour Estate, Turicorin- 628 004 +1 CC to Mr.B. VIJAY KARTHIKEYAN, Advocate ( SR-16809[F] dated 15/09/2020 ) W.P.(MD)No.11687 of 2020 15.09.2020 SRK(CO) KM (01.10.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2