Madras High CourtWP(MD)/17716/2017dismissed

K.Sriradha Krishnan, v. The Commissioner Of Customs

2017-09-20Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 20.09.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.17716 of 2017 and W.M.P(MD)No.14271 of 2017 K.Sriradha Krishnan ... Petitioner Vs The Commissioner of Customs(Preventive), 1, Williams Road, Cantonment, Tiruchirappalli.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records of the respondent pursuant to his impugned showcause notice dated 10.08.2017 made in C.No.VIII/ 10/34/2017 and quash the same as illegal and unlawful.

For Petitioner : M/s.J.Pooventhera Rajan For Respondents : Mr.R.Nandakumar Junior Central Govt.Standing Counsel

ORDER

Challenging the show-cause notice issued by the respondent, dated 10.08.017, the present Writ Petition has been filed. 2.Mr.R.Nandakumar, learned Junior Central Government Standing Counsel takes notice for the respondent.

3.By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself. 4.The learned counsel for the Petitioner would submit that in the impugned order, it is stated that the enquiry was already conducted by the respondent and in a pre-determined mind, this show-cause notice was issued. Hence the petitioner did not give any explanation for the show-cause notice and filed the present Writ Petition.

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5.When this Court was not inclined to entertain this Writ Petition, the learned counsel would submit that the Petitioner is ready to give reply to the show-cause notice and produce the materials and seeks extension of time.

6.In view of the above statement, this Writ Petition is dismissed, with liberty to the petitioner to give reply to the show-cause notice and to produce relevant materials within a period of three weeks from the date of receipt of a copy of this order. On such compliance, the respondent is directed to consider the same and pass appropriate orders in accordance with law. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To The Commissioner of Customs(Preventive), 1, Williams Road, Cantonment, Tiruchirappalli.

+1cc to M/S. R.NANDAKUMAR, Advocate, SR.No.79950. +1cc to M/S. J.POOVENTHERA RAJAN, Advocate, SR.No.79999. W.P(MD)No.17716 of 2017 and W.M.P(MD)No.14271 of 2017 20.09.2017 vsn SDS/MR:KKR/SAR 2/03.10.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/