Madras High CourtWP(MD)/2130/2019disposed of

M/S.Sri Hari Kintters, v. The Principal Commissioner

2019-07-29Honourable Dr Justice Anita Sumanth2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2019

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.(MD)No.2130 of 2019 and W.M.P.(MD)No.1705 of 2019 M/s.Sri Hari Knitters, Represented by its Managing Director, Mr.K.Balakrishnan, No.46-B, Rathakrishnan Street, Rakkiapalayam Road, Ammapalayam, Tirupur - 641 652.

... Petitioner /Vs./ 1.The Principal Commissioner (Revision Application) & Ex-Officio Additional Secretary to the Government of India, 8th Floor, Centre I, World Trade Centre, Cuffe parade, Mumbai - 400 005.

2.The Commissioner of Customs, Customs House, New Harbour Estate, Tuticorin - 628 004.

3.The Assistant Commissioner of Customs (Arrear Recovery Cell), Customs House, New Harbour Estate, Tuticorin - 628 004.

4.The Branch Manager, Karnataka Bank, Anuppar Palayam Branch, Tirupur.

... Respondents PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 1st respondent herein to dispose of the pending Revision Application F.No.373/71/DBK/15-R.A., on merits within a reasonable time as fixed by this Court after due opportunity to the petitioner herein.

For Petitioner : Mr.A.K.Jayaraj For R-1 to R-3 : Mr.R.Aravindan https://hcservices.ecourts.gov.in/hcservices/

ORDER

The short relief sought for by the petitioner is for a Mandamus, directing the first respondent, the Principal Commissioner (Revision Application) to dispose the Revision Application in F.No.373/71/DBK/15-R.A., filed on 10.03.2015 within a fixed timeframe.

2. Mr.Aravindan, learned counsel appearing for respondents 1 to 3 fairly draws attention to the acknowledgment issued by the Section Officer of the revisional authority to the effect that the Revision Application has been received by the authority and is pending disposal.

3. In such circumstances, I see no justification for the inordinate pendency of the application since April 2015. A mandamus is thus issued to the first respondent to dispose the Revision Application bearing F.No.373/71/DBK/15-R.A., filed on 10.03.2015 within a period of six weeks from date of receipt of a copy of this order, after hearing the petitioner on merits and in accordance with law.

4. Interim protection granted by this Court on 01.02.2019 restraining the respondents 1 to 3 from taking any coercive steps in regard to the bank account in Karnataka Bank/R-4 will continue till disposal of the Revision Application as above.

5. This Writ Petition is disposed of in the aforesaid terms. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS) +1 CC to M/s.R.ARAVINDAN, Advocate ( SR-78605[F] dated 30/07/2019 ) Order made in W.P.(MD)No.2130 of 2019 Dated: 29.07.2019 sm JMN(13.09.2019) 2P : 2C https://hcservices.ecourts.gov.in/hcservices/