Express Courier Operators v. Mr.Ashok Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.M.P.(MD) No.21468 of 2018 Cont.P.(MD) No.242 of 2018:
Express Courier Operators Association (Regd No.156/2013) rep.by its President S.A.Seyeed, aged 42/2017 No.007, Quida Millath Street Mannarpuram, Tiruchirappalli-20 ... Petitioner -vsAshok Commissioner Customs and Central Excise Williams Road, Tiruchirappalli ... Respondent
PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondent for the willful disobedience of the order passed by this Court in W.P.(MD) No.6403 of 2017, dated 22.08.2017.
For Petitioner Mr.R.S.Sivaram For Respondent Ms.S.Raghaventhre Junior Standing Counsel Cont.P.(MD) No.1862 of 2019:
Express Courier Operators Association (Regd No.156/2013) rep.by its President S.A.Sayeed, aged 42/2017 No.007, Quida Millath Street Mannarpuram, Tiruchirappalli-20 ... Petitioner -vs1.Arun Kumar Director General of Civil Aviation Arubindo Marg Opp to Safdarjung Airport New Delhi 110 003 2.Pranab Kumar Das Chairman O/o.Central Board of Excise and Customs North Block, New Delhi-110 019 ... Respondents
PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents for the willful disobedience of the order passed by this Court in Cont.P.(MD) No.242 of 2018, dated 17.12.2018.
For Petitioner Mr.R.S.Sivaram For Respondents Mr.S.Jeyasingh Central Government Standing Counsel for R1 Ms.S.Raghaventhre Junior Standing Counsel for R2 Rev.Apl W(MD) No.61 of 2018:
The Commissioner Customs and Central Excise Williams Road Tiruchirappalli ... Petitioner -vs1.Express Courier Operators Association (Regd No.156/2013) rep.by its President S.A.Seyeed, aged 42/2017 No.007, Quida Millath Street Mannarpuram, Tiruchirappalli-20
2.The Director Airport Authority of India Tiruchirappalli Airport Tiruchirappalli ... Respondents PRAYER: Review Petition is filed under Section 114 read with Order 47 Rules 1 & 2 of the Code of Civil Procedure, to review the order dated 22.08.2017, made in W.P.(MD) No.6403 of 2017.
For Petitioner Ms.S.Raghaventhre Junior Standing Counsel For Respondents Mr.C.Godwin for R2 C O M M O N O R D E R [Order of the Court was made by S.M.SUBRAMANIAM, J.] Cont.P.(MD) No.242 of 2018 has been filed alleging willful disobedience of the order, dated 22.08.2017, made in W.P.(MD) No.6403 of 2017.
2. Cont.P.(MD) No.1862 of 2019 has been filed alleging willful disobedience of the order, dated 17.12.2018, made in Cont.P.(MD) No.242 of 2018.
3. Rev.Apl W(MD) No.61 of 2018 has been filed to review the order dated 22.08.2017, made in W.P.(MD) No.6403 of 2017. 4.
Learned Junior Standing Counsel appearing for the respondent / Central Excise and Customs submitted a copy of the Notification No.03/2021-Cus.Pol, dated 04.01.2022, issued by the Commissioner of Customs (Preventive), Tiruchirappalli.
5. The above notification was issued in exercise of the powers conferred under Section 8(a) of the Customs Act, 1962 and as per the said notification, the premises described therein was notified as the customs area in respect of Airport Authority of India's International Express Courier Cargo Service Terminal located at International Airport, Tiruchirappalli, for loading, handling, storage and transhipment of courier goods for the purpose of customs clearance support for the handling of the Courier consignments by Customs authorised Courier agencies, that are imported, exported or transhipped in accordance with the provisions of the Customs Act, 1962.
6. Since a notification has already been issued in compliance of the orders of this Court, we do not find any further reason to entertain the present contempt petitions and the review application.
7. Accordingly, the contempt petitions and the review application are closed. No costs. Consequently, connected miscellaneous petition is closed.
[S.M.S., J.] [G.R.S., J.] 18.10.2023 NCC Yes / No Index Yes / No Internet :
Yes / No krk
S.M.SUBRAMANIAM, J.
G.R.SWAMINATHAN , J.
krk Cont.P.(MD) Nos.242 of 2018 & 1862 of 2019 W.M.P.(MD) No.21468 of 2018 18.10.2023