This writ petition sought a direction to permit export of Charcoal by accepting specific bills of lading. The court held that export items under the Foreign Trade Policy belong to the prohibited category, and policy decisions cannot be adjudicated by the court.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2018 CORAM: THE HONOURABLE MRS.JUSTICE J.NISHA BANU
W.P(MD)No.16043 of 2014
A.Sailanathan
.. Petitioner Vs.
1.The Commissioner of Customs, Customs House, VOC Post, Thoothukudi.
2.The Joint Director General of Foreign Trade, Ministry of Commerce, Government of India, Plot No.117, 1st Main Road, K.K.Nagar, Madurai. .. Respondents
Writ Petition has been filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the first respondent to permit the export of Charcoal from Seemakaruvel (Prosophis Juliflora) by accepting the bill of lading from the clearing agent and forwarding agent of the petitioner.
For petitioner : Mr.G.Prabhu Rajadurai For 1st respondent : Mr.S.Gurumoorthy For 2nd respondent : Mr.P.Paulpandi, CGSC
ORDER
This writ petition has been filed by the petitioner seeking a direction to the first respondent to permit the export of Charcoal from Seemakaruvel (Prosophis Juliflora) by accepting the bill of lading from the clearing agent and forwarding agent of the petitioner.
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Sd/-
Assistant Registrar(CO)
/True Copy/
Sub Assistant Registrar(CS-II)
To
1.The Commissioner of Customs, Customs House, VOC Post, Thoothukudi.
2.The Joint Director General of Foreign Trade, Ministry of Commerce, Government of India,
Plot No.117, 1st Main Road,
K.K.Nagar, Madurai.
+1CC to Mr.G.Prabhu Rajadurai, Advocate, SR.No.93690 +2CC to Mr.P.Paulpandi,, Advocate, SR.No.93550
W.P(MD)No.16043 of 2014 31.10.2018
GCG
ES/SKN/RSK/SAR 2/29.11.2018/2P/6C
2 issues framed by the court
Whether the writ court is competent to direct the government to permit export of an item classified as prohibited under Foreign Trade Policy.
Whether the petitioner can approach the court for relaxation of prohibited export categories under FTP.
1 provisions across 1 enactments
A.Sailanathan
The Commissioner of Customs, Customs House, VOC Post, Thoothukudi
The Joint Director General of Foreign Trade, Ministry of Commerce, Government of India
J.Nisha Banu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
