Madras High CourtWP(MD)/23450/2017closed

M/S.Atlantic Corporation v. The Commissioner Of Customs

2018-01-19Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.23450 of 2017 & WMP(MD)Nos.19712 of 2017 M/s.Atlantic Corporation, rep. by the Proprietor Mr.Farooq Shabbir Noorani No.602, Arihant Sparsh, Plot No.13, 14 Sector - 26, Vashi, Navi Mumbai - 400 705 ... Petitioner Vs.

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

... Respondent Prayer : This writ petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondent herein to adjudicate and to pass final order/order-inoriginal pursuant to the show cause notice F.No.DRI/AZU/INV14/2012 dated 08.08.2012, within a reasonable time as fixed by this Court, after due opportunity to the petitioner. For Petitioner :

Mr.A.K.Jayaraj For Respondents :

Mr.R.Aravindhan

O R D E R

It is submitted by the learned counsel for the respondent that during the pendency of this writ proceedings, the respondent has passed an order and therefore, this writ petition has become infructuous. He further submitted that order was despatched by post to the petitioner, but, the same was returned. 2.This Court directs the learned standing counsel for the respondent to handover the returned cover to the learned counsel for the petitioner, which contains the order passed by the respondent.

3.The learned counsel for the petitioner acknowledged having received the same. It is open to the writ petitioner to workout his remedy in the manner known to law. It is made clear that the https://hcservices.ecourts.gov.in/hcservices/

rights of the writ petitioner to question the said order will be determined on merits. Limitation starts only from today as the order of the respondent was handed over only today. 4.This writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To The Commissioner of Customs, Custom House, New Harbour Estate, Tuticorin - 628 004.

+1cc to M/S.A.K.Jayaraj, Advocate SR.No. 43199 W.P(MD)No.23450 of 2017 & WMP(MD)No.19712 of 2017 ARUL JM/SKN RSK/SAR 2/23.01.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/