Jeya Bharathi Raja v. The Chief Commissioner Of Customs (Delhi Zone)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2023 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU Jeya Bharathi Raja ... Petitioner Vs.
1.The Chief Commissioner of Customs (Delhi Zone), New Custom House, New Delhi - 37.
2.The Principal Commissioner of Customs, No.60, Krishna Block, Rajaji Salai, Opposite to District Collectorate, Chennai - 600 001.
3.The Chief Commissioner of Customs, No.1, Williams Road, Melapudur, Cantonment, Tiruchirappalli - 620 001.
4.The Superintendent of Customs, 1/6
5.The Assistant Commissioner, 6.The District Collector, Thoothukudi District, Thoothukudi.
... Respondents PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Mandamus, directing the Respondents to release the petitioner's vehicle bearing Registration No. TN20BR7579 (Toyota Kirloskar Motor Private Limited), Chassis No. MBJ11JV4007246559, Engine No.2 KD 6664751 and TN76C7734 (MARUTI UDYOG LTD) Chassis No. MA3EVB11300873263, Engine No. F8BIN3831852 in connection with the case in OR No. 10/2022-23, TTN dated 22.08.2022 of 4th Respondent within a stipulated period as framed by this Court.
For Petitioner : Mr. J.David Ganesan For Respondents : Mr. R.Nandakumar (R1 to R5) Senior Standing Counsel Assisted by Ms. S.Ragaventhre Junior Standing Counsel Mr. D.Gandhiraj (R6) Special Government Pleader 2/6
ORDER
Heard Mr. J.David Ganesan, Learned Counsel for the Petitioner, Mr. R.Nandakumar, Learned Senior Standing Counsel for the First to Fifth Respondents and Mr. D.Gandhiraj, Learned Special Government Pleader for the Sixth Respondent, and perused the materials placed on record, apart from the pleadings of the parties.
2.
The Writ Petition has been filed seeking for a direction to the Respondents to release the Petitioner's vehicle bearing Registration No. TN20BR7579 (Toyota Kirloskar Motor Private Limited), Chassis No. MBJ11JV4007246559, Engine No.2 KD 6664751 and TN76C7734 (MARUTI UDYOG LTD) Chassis No. MA3EVB11300873263, Engine No. F8BIN3831852 in connection with the case in OR No. 10/2022-23, TTN dated 22.08.2022 on the file of Fourth Respondent. 3.
This Court during the earlier hearing on 23.12.2022 had passed the following self-explanatory order:- 3/6
"2.
It has been brought to notice that under the Petitioner can make an application Section 110-A of the Customs Act, 1962, for provisional release of the seized vehicle pending adjudication before the Assistant Commissioner of Customs, Divisional Preventive Unit, Tuticorin under the control of Commissioner, Trichy Customs. In view of the same, Learned Counsel for the Petitioner states that such application would be made and informed on the next hearing."
It is informed today that the Joint Commissioner of Customs, Ramanathapuram, by proceedings in GEN/ADJ/JC/10/2023-ADJN, dated 06.02.2023 has passed an order for provisional release of the immovable property seized from the Petitioner on certain conditions and its copy has been placed on record.
4.
In such circumstances, nothing remains for further consideration in the Writ Petition, but it would not preclude the Petitioner, if he still has any grievance, to work out his rights before the proper forum in the manner recognized by law.
4/6
In fine, this Writ Petition is disposed with the aforesaid clarifications. No costs.
09.02.2023 Index : Yes/No Internet : Yes/No Sm Note : Issue Order Copy by 24.02.2023 TO:
1.The Chief Commissioner of Customs (Delhi Zone), New Custom House, New Delhi - 37.
2.The Principal Commissioner of Customs, No.60, Krishna Block, Rajaji Salai, Opposite to District Collectorate, Chennai - 600 001.
3.The Chief Commissioner of Customs, No.1, Williams Road, Melapudur, Cantonment, Tiruchirappalli - 620 001.
4.The Superintendent of Customs, 5/6
P.D.AUDIKESAVALU,J.
Sm 5.The Assistant Commissioner, 6.The District Collector, Thoothukudi District, Thoothukudi.
09.02.2023 6/6