Madras High CourtWP(MD)/11364/2017dismissed

Sithik Gani, v. Additional Commissioner Of

2017-06-20Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.11364 of 2017 and W.M.P(MD) Nos.8747 & 8748 of 2017 Sithik Gani

...Petitioner

-Vs1.Additional Commissioner of Customs Office of the Commissioner of Customs 1, Willliams Road, Cantonment Tiruchirapalli - 620 001.

2.The Additional Director General Directorate of Revenue Intellignece C ZU No.27, "Adarsh Towers", G.N(Chetty) Road T.Nagar Chennai - 600 017.

3.The Senior Intelligence Officer Directorate of Revenue Intelligence C ZU No.27, "Adarsh Towers", G.N(Chetty) Road T.Nagar Chennai - 600 017.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorafied Mandamus, calling for the records pertaining to the order made in order in original number TCP-CUS-PRV-ADC-014-17 dated 31.03.2017 passed by the 1st respondent and quash the same. For Petitioner : Mr.S.Ramasamy For Respondent : Mr.R.Nandakumar, Standing Counsel

ORDER

The petitioner has come up with the Writ Petition for issuance of a Writ of Certiorafied Mandamus, calling for the records pertaining to the order made in order in original number TCP-CUS-PRV-ADC-014-17 dated 31.03.2017 passed by the 1st respondent and quash the same.

2.Heard Mr.S.Ramasamy, the learned counsel appearing for the petitioner and Mr.R.Nandakumar, Standing Counsel appearing for the respondents 3.The learned counsel for the respondents would submit that against the impugned order an appeal remedy is available in Section 128 Customs Act.

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4.Since the alternative and effective remedy is available to the petitioner has under the Customs Act, this Writ Petition is not maintainable.

5.Hence this Writ Petition is dismissed, giving liberty to the petitioner to file an appeal in the manner known to law within a period of two weeks from today. Office is directed to return the original impugned order, after retaining the copy of the same.

5.With the above direction, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(A.S) /True Copy/ Sub Assistant Registrar To 1.Additional Commissioner of Customs Office of the Commissioner of Customs 1, Willliams Road, Cantonment Tiruchirapalli - 620 001.

2.The Additional Director General Directorate of Revenue Intellignece C ZU No.27, "Adarsh Towers", G.N(Chetty) Road T.Nagar Chennai - 600 017.

3.The Senior Intelligence Officer Directorate of Revenue Intelligence C ZU No.27, "Adarsh Towers", G.N(Chetty) Road T.Nagar Chennai - 600 017.

+1cc to Mr.R.NANDAKUMAR,Advocate,SR.61033/17 W.P.(MD)No.11364 of 2017 and W.M.P(MD) Nos.8747 & 8748 of 2017 20.06.2017 gns/smi KK/SVMMS/SAR4/20.06.2017/2P-5C https://hcservices.ecourts.gov.in/hcservices/