M/S.P.S.A.Akkayasamy v. The Joint Commissioner Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2019

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.14389 of 2016 M/s.P.S.A.Akkayasamy Enterprises, Representated by its Proprietor P.S.A.Akkayasamy, No.12A-Bharathiyar Street, Jaihindpuram, Madurai-625011 ... Petitioner -vs1.The Joint Commissioner of Central Excise (Adjudication) Office of the Commissioner of Central Excise Central Revenue Buildings, Bibikulam, Madurai-625002.

2.The Assistant Commissioner of Central Excise, Madurai I Division, Bibikulam, Madurai-625002.

3.The Additional Commissioner of Central Excise, Bibikulam, Madurai-625002.

4.The Superintendent of Central Excise, South Range, Bibikulam, Madurai-625002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the learned first respondent Joint Commissioner Central Excise (Adjudication), Madurai to consider the representation dated 25.01.2016 in order to issue a copy of the order-in-original No.6 of 2012 dated 29.06.2012.

For Petitioner : Mr.S.Renganathan For Respondents : Mr.R.Nandakumar Standing Counsel

O R D E R

The instant Writ Petition has been filed to direct the first respondent to consider the representation of the petitioner, dated

25.01.2016, seeking a copy of the order in original No.6 of 2012, dated 29.06.2012, passed against the petitioner by the first respondent.

2.It is the case of the petitioner that the order in original No.6 of 2012, dated 29.06.2012, passed by the first respondent has not been received by him. It is also his case that several representations were given to the first respondent requesting them to furnish the a copy of the order in original No.6 of 2012, dated 29.06.2012 and the last such representation was given on 25.01.2016.

3.Considering the nature of the relief sought for in this petition, this Court is inclined to grant the said relief. Accordingly, the first respondent is directed to furnish a copy of the order in original No.6 of 2012, dated 29.06.2012 passed against the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

4.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CRL.SIDE) // True Copy // Sub Assistant Registrar(CS) To 1.The Joint Commissioner of Central Excise (Adjudication) Office of the Commissioner of Central Excise Central Revenue Buildings, Bibikulam, Madurai-625002.

2.The Assistant Commissioner of Central Excise, Madurai I Division, Bibikulam, Madurai-625002.

3.The Additional Commissioner of Central Excise, Bibikulam, Madurai-625002.

4.The Superintendent of Central Excise, South Range, Bibikulam, Madurai-625002.

+1 CC to M/s.S.RENGANATHAN, Advocate ( SR-52322[F] dated 07/03/2019 ) +1 CC to M/s.R.NANDA KUMAR, Advocate ( SR-52402[F] dated 07/03/2019 ) GNS/MR W.P.(MD)No.14389 of 2016 07.03.2019 KM/(27.03.2019) 3P 7C