M/S.Valueguru Chartered v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.8055 and 8056 of 2017 M/s.Valueguru Charged Engineers & Valuers Pvt. Ltd., Old No.123, New No.255, Linghi Cheety Street, Chennai - 600 001, Represented by its Director, S.Ayyappan.

... Petitioner Vs.

1.The Chairman, Central Board of Excise and Customs, North Block, New Delhi - 110 001.

2.The Director General of Foreign Trade, Udyog Bhavan, New Delhi - 110 011.

3.The Chief Commissioner of Customs, No.1, Williams Road, Cantonment, Tiruchirapalli - 620 001.

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

5.P.Mohanasundaram 6.Joseph Regis ... Respondents (R5 & R6 impleaded vide order dated 31.07.2020 in W.M.P.(MD)No.10854 of 2017 in W.P.(MD)No.10574 of 2017 by GRSJ) 1/3

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the 4th respondent issued from File No.C.No.VIII/48/06/2016-Cus.POL dated 01.04.2017, leading to issuance of Public Notice No.09/2017 dated 01.04.2017 and quash the same, as the same is contrary to Circular No.25/2015-Cus dated 15.10.2015, issued by the 1st respondent,under whose aegis the 4th respondent functions.

For Petitioner : Mr.B.Sathish Sundar For Respondents : Mrs.S.Ragavendhre for R1 to R4 Mr.G.Prabhu Rajadurai for R5 & R6

ORDER

Heard the learned counsel on either side.

2.The challenge in the writ petition is a public notice No.9 of 2017, dated 01.04.2017. The stand of the petitioner is that only those Chartered Engineers, who had been certified by Director General of Foreign Trade can value and examine the second hand goods imported through Tuticorin Port. But then, it is stated that this notice no longer survives and that a new notification has been issued on 29.09.2020. Therefore, nothing survives for consideration. It is closed accordingly. The petitioner is given liberty to challenge the new public notice dated 29.09.2020. All the contentions of the petitioner are left open. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

+1 CC to M/s.G.PRABHU RAJADURAI, Advocate ( SR-9720[F] dated 09/03/2021 ) 08.03.2021 ias nsv (24.04.2021) 3P 2C 3/3