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Madras High CourtWP(MD)/11544/2017dismissed for nonprosecution

L.Sankar v. The Commissioner

2022-12-07Honourable Mr Justice P.D.Audikesavalu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P(MD). Nos. 13548 and 8882 of 2017 L.Sankar ... Petitioner -vsThe Commissioner Customs House New Harbor Estate Tuticorin ... Respondent Prayer in W.P(MD) No. 11544 of 2017:- Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records on the file of Second Respondent in File No C.No.VIII/13/4/2007 - CHAL dated 06.06.2017 and quash the same as illegal, incompetent and arbitrary to grant any other appropriate relief as this Hon'ble Court may deem fit.

For Petitioner : Mr. KA.Raamakrishnan 1/4

For Respondent : Mr. S.Gurumoorthy Senior Panel Counsel for Customs and GST

O R D E R

Learned Counsel for the Petitioner states that the Petitioner had collected the case bundle from him earlier with consent for change of vakalat to engage another lawyer and he has made an endorsement to that effect in the court record. It has been informed by the Registry that no one else has entered appearance on behalf of the Petitioner in the matter till date. There does not appear to be any useful purpose being served in keeping the Writ Petition pending indefinitely when the Petitioner is not interested in prosecuting the same.

2.

In the aforesaid circumstances, the Writ Petition is dismissed as non-prosecution. It is made clear that the Petitioner is not precluded from applying for revival of the Writ Petition, if necessary, in accordance with law. Consequently, connected miscellaneous petitions are closed. No costs. 07.12.2022 pkn Index: Yes/No 2/4

To The Commissioner Customs House New Harbor Estate Tuticorin Copy to:

L.Sankar, 2G,2nd Floor, Shanthinikatan Green Park Apartments, Sethunarayanan Salai, Sekar Avenue, Chitlapakam, Chennai - 600 064.

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P.D. AUDIKESAVALU, J.

pkn 07.12.2022 4/4