The petitioner sought a mandamus directing Customs authorities to issue a speaking order regarding non-extension of a beneficial notification. The court closed the petition upon counsel's eve withdrawal stating the department acting proactively.
Writ Petition closed; respondents directed to proceed further in accordance with law.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 23.01.2018 Coram
The Hon'ble Mr.Justice T.S.Sivagnanam
Writ Petition No.33369 of 2017
M/s. Firmedge Plastic Manufacturing Pvt. Ltd., rep. by its Manager, Accounts-Finance Shri Mohammed Najeeb. ...Petitioner
Vs. 1. The Assistant/Deputy Commissioner, of Customs, Group-2, Chennai -II, Commissionerate, Customs House, 60, Rajaji Salai, Chennai- 600 001. 2. The Additional Commissioner of Customs, Group-2, Chennai -II, Commissionerate, Customs House, 60, Rajaji Salai, Chennai- 600 001. 3. The Commissioner of Customs, Chennai -II, Commissionerate, Customs House, 60, Rajaji Salai, Chennai- 600 001. 4. The Chief Commissioner of Customs, Customs House, 60, Rajaji Salai, Chennai- 600 001. ...Respondents Writ Petition, filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents, more particularly, the first respondent to issue a speaking order, in terms of Section 17 (5) of the Customs Act, 1962, in respect of non-extension of benefit of the notification no.46 of 2011-cus, dated 01.06.2011, as amended at Sl. No.459 in respect of Bills of Entry Nos. 2564263, dated 23.07.2017 and 2756940, dated 07.08.2017. For Petitioner : Mr.S. Krishnanandh For Respondents : Mr.V. Sundareswaran Senior Panel Counsel
Writ Petition, filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents, more particularly, the first respondent to issue a speaking order, in terms of Section 17 (5) of the Customs Act, 1962, in respect of non-extension of benefit of the notification no.46 of 2011-cus, dated 01.06.2011, as amended at Sl. No.459 in respect of Bills of Entry Nos. 2564263, dated 23.07.2017 and 2756940, dated 07.08.2017.
O R D E R
The learned counsel appearing for the petitioner has made the following endorsement:-
"May be permitted to withdraw the Writ Petition, as the respondent has acted proactively."
+1cc to Mr.V.Sundareswaran,Advocate, S.R.No.5138
Writ Petition No.33369 of 2017 nm (CO) klt(10.02.2018)
1 issue framed by the court
Whether the Writ Petition should be allowed in light of the respondent's proactive adherence to legal requirements.
2 provisions across 2 enactments
M/s. Firmedge Plastic Manufacturing Pvt. Ltd., rep. by its Manager, Accounts-Finance Shri Mohammed Najeeb.
The Assistant/Deputy Commissioner, of Customs, Group-2, Chennai -II
The Additional Commissioner of Customs, Group-2, Chennai -II
The Commissioner of Customs, Chennai -II
The Chief Commissioner of Customs
T.S. Sivagnanam
As recorded by the court registry
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