Express Courier Opertors v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.6403 of 2017 Express Courier Operators Association, (Regd No.156/2013), Represented by its President, S.A.Seyeed, Aged 42/2017, No.007, Quida Millath Street, Mannarpuram, Tiruchirappalli-20. .. Petitioner Vs.

1. The Commissioner, Customs and Central Excise, Williams Road,

2. The Director, Airport Authority of India, Tiruchirappalli Airport, Tiruchirappalli. .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to issue notification for the Courier import and export operations in Tiruchirappalli International Airport within a time frame fixed by this Court.

For petitioner : Mr.R.S.Sivaram For 1st Respondent : Mr.S.Pandiyarajan for Mr.S.Gurumoorthy For 2nd Respondent : Mr.C.Godwin

O R D E R

************ [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petition has been filed by the Courier Operators Association.

2.Since Thiruchirappalli airport has been upgraded as International Airport, there is sufficient staff and facility for introducing the Courier service. The first respondent has to issue the appropriate notification in this regard.

3.The petitioner gave a representation dated 30.11.2016 in this regard to the first respondent requesting issuance of notification. Since there was no response, the present writ petition came to be filed.

4.The first respondent filed a counter affidavit, pointing out that for implementing courier services, the basic requirement is the provision of LAN(Local Area Network) and WAN(Wide Area Network) connectivity without which IGM(Import General Manifest) and EGM(Export General Manifest) which are basic documents for incoming and outgoing cargo cannot be filed by the Courier Operators. Thus, for want of LAN and WAN connectivity, the notification of courier services at Tirchy Airport could not be issued. The first respondent therefore prayed for dismissal of the writ petition.

5.However, the second respondent filed a counter affidavit pointing out that LAN and WAN connectivity has been provided in courier terminal at Trichy Airport with effect from 22.07.2017 and that the second respondent has made all infrastructural arrangements in the said courier terminal at Trichy Airport. 6.In view of the subsequent developments, the first respondent is directed to issue notification for courier import and export operation in Tiruchirappalli International Airport within a period of a three months from the date of receipt of a copy of this orders.

7.This writ petition stands allowed, as indicated above. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

1. The Commissioner, Customs and Central Excise, Williams Road,

2. The Director, Airport Authority of India, Tiruchirappalli Airport, + 1 cc TO Mr.C.Godwin , Advocate in SR No. 73780 + 1 cc TO Mr.R.S.Sivaram , Advocate in SR No. 73811 vsg/rmi AE/KP/SAR1/09.10.2017/3P/5C W.P(MD)No.6403 of 2017 22.08.2017