The Madras High Court disposed of a writ petition filed to release detained fresh apples. Upon learning the goods were already released, the court held the petition infructuous and dismissed it without costs.
Petition dismissed as infructuous; no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.01.2016
CORAM:
THE HON'BLE MR. JUSTICE R. MAHADEVAN
W.P.No.33323 of 2015 and M.P.No.1 of 2015
M/s.Arul Exports & Imports T/D-56, Anna Fruit Market Koyambedu, Chennai - 600 092. Rep. by its Proprietor Shri A.Arul Rajan .. Petitioner Vs 1.The Commissioner of Customs - I (Import), Custom House, No.60, Rajaji Salai, Chennai - 600 001. 2.The Joint Commissioner of Customs -I Import - Group- I, Custom House, No.60, Rajaji Salai, Chennai - 600 001. 3.The Assistant Commissioner of Customs Import - Group I, Custom House, No.60, Rajaji Salai, Chennai - 600 001. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus forbearing the respondents herein from anyway detaining the consignment of fresh apples name "Red Star Apples" Grade 100 # 113 # 125 #, comprised in 3241, 3605, 2212, 2761 and 1666 cartons of apples covered under Bills of Entry Nos.2771074 dated 30.09.2015; 2769940 dated 30.09.2015; 2886572 dated 12.10.2015; 2886575 dated 12.10.2015 and 2894340 dated 12.10.2015, pursuant to Notification No.21/2015 dated 14.09.2015 issued by the Director General of Foreign Trade, Govt. of India, Ministry of Commerce and Industries, Department of Commerce, New Delhi.
For petitioner .. Mr.B.Satish Sundar For respondents .. Mr.K.Mohana Murali Standing Counsel for C. & E.
O R D E R
The writ petition has been filed by the petitioner seeking a writ of mandamus to forbear the respondents herein from anyway detaining the consignment of fresh apples name "Red Star Apples" Grade 100 # 113 # 125 #, comprised in 3241, 3605, 2212, 2761 and 1666 cartons of apples covered under Bills of Entry Nos.2771074 dated 30.09.2015; 2769940 dated 30.09.2015; 2886572 dated 12.10.2015; 2886575 dated 12.10.2015 and 2894340 dated 12.10.2015, pursuant to Notification No.21/2015 dated 14.09.2015 issued by the Director General of Foreign Trade, Govt. of India, Ministry of Commerce and Industries, Department of Commerce, New Delhi.
2.Heard the learned counsel the petitioner and the learned Standing Counsel for the respondents.
3.According to the learned counsel for the petitioner, the writ petition has become infructuous, since the goods had already been released.
4.Accordingly, the writ petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is also dismissed.
sd/Assistant Registrar(Cs-V)
/TRUE COPY/ sgl To 1.The Commissioner of Customs - I (Import), Custom House, No.60, Rajaji Salai, Chennai - 600 001.
Sub-Assistant Registrar
2.The Joint Commissioner of Customs -I Import - Group- I, Custom House, No.60, Rajaji Salai, Chennai - 600 001.
3.The Assistant Commissioner of Customs Import - Group I, Custom House, No.60, Rajaji Salai, Chennai - 600 001.
+1 CC to MR.K.Mohana Murali Advocate. SR.NO. 2188
W.P.No.33323 of 2015 CO-AK JD 29/01/2016
2 issues framed by the court
Whether the writ petition seeking release of detained consignment is maintainable when the goods have already been released.
Whether the writ petition should be dismissed as infructuous.
M/s.Arul Exports & Imports
Commissioner of Customs - I (Import)
Joint Commissioner of Customs -I Import
Assistant Commissioner of Customs Import
R. MAHADEVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
