Dismissed

M/S.Ashok Timber Trading Company v. the Commissioner of Customs

Madras HC18 Mar 2020WP(MD)/459/2020

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court disposed of a writ petition filed under Article 226 seeking quashing of an order and release of an imported consignment. Relying on a status report that the 3rd respondent re-inspected the goods on 29.01.2020 and found no live infestation, the court ordered the release of the shipment and closed the connected petition.

What did the court decide?

Order passed directing release of the consignment of Limbali Logs upon proper identification and acknowledgement; the writ petition was disposed of.

M/S.Ashok Timber Trading Company Vs the… — Constitutional and Fundamental Rights | Madras HC (2020)

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W.P.(MD)No.459 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2020 CORAM THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN, J W.P.(MD)No.459 of 2020

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and WMP(MD).No.347 of 2020

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M/s.Ashok Timber Trading Company, Rep.by its Partner Mr.Kishore S Patel, No,275/1, Mysore Road, NTY Layout, Gudadahally, Bangalore – 560 026.

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... Petitioner

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vs.

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1.The Commissioner of Customs, Custom House, New Harbour Estate, Tuticorin – 628 004.

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2.The Assistant Commissioner of Customs (Imports), Custom House, New Harbour Estate, Tuticorin – 628 004.

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The Plant Protection Officer, Government of India, Ministry of Agriculture & Farmers Welfare, Directorate of Plant Protection, Quarantine & Storage, Plant Quarantine Station, Tuticorin. ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 3^rd respondent connected with order No.IR21Tut2019009923, dated 27.09.2019, on the file of the 3^rd respondent and quash the same and consequently direct the 3^rd respondent to re-inspect the samples of the subject consignment covered under Bill of Entry No.4405280, dated 07.08.2019, and further direct the 2^nd and 3^rd respondents herein to release the above subject consignment on the re-inspection opinion.

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For Petitioner : Mr.A.K.Jayaraj For Respondents : M/s.Vijay Karthikeyan, Standing Counsel [for R1, R2] Mr.C.Jeyasingh, CGSC, [for R3]

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https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD)No.459 of 2020

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O R D E R

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On 09.01.2020, my learned predecessor had directed the 3^rd respondent to re-test the sample within a period of 4 weeks fro the date of receipt of a copy of the said order. Today, the learned counsel for the 3^rd respondent had produced a status report and in the same, it has been stated as follows:-

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“ It is submitted that as per this Hon'ble Court order dated 09.01.2020, the 3^rd respondent re-inspected the consignment of Limbali Logs imported fro Cameron on 29.01.2020 and found to be free from live infestation. ”

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It is seen from the report that the sample is free from live infestation. In view of the same, the consequent relief that petitioner sought, namely to release consignment is ordered. Release of consignment is to be done by proper identification and acknowledgement. This order is passed in continuation of the order dated 09.01.2020. The writ petition is disposed of, as nothing further survives. No Costs. Consequently, the connected miscellaneous petition is closed.

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Assistant Registrar(CS-III)

// True Copy //

Pkn.

1.The Commissioner of Customs, Custom House, New Harbour Estate, Tuticorin – 628 004.

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2.The Assistant Commissioner of Customs (Imports), Custom House, New Harbour Estate, Tuticorin – 628 004.

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The Plant Protection Officer, Government of India,

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Ministry of Agriculture & Farmers Welfare,

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Directorate of Plant Protection, Quarantine & Storage, Plant Quarantine Station, Tuticorin.

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https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD)No.459 of 2020

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copy to

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The Section Officer,Writ Section,

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Madurai Bench of Madras High Court, Madurai.

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+1 CC to M/s.S.JEYASINGH, Advocate ( SR-12267[F] dated 18/03/2020 )

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+1 CC to M/s.B.VIJAY KARTHIKEYAN, Advocate ( SR-12355[F] dated 18/03/2020 )

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+1 CC to M/s.A.K.JEYARAJ, Advocate ( SR-12520[F] dated 19/03/2020 )

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Issue order copy on 19.03.2020 W.P.(MD)No.459 of 2020

18.03.2020

SRK(CO)

TR(19.03.2020)3P 8C

https://hcservices.ecourts.gov.in/hcservices/

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M/S.Ashok Timber Trading Company v. the Commissioner of Customs

Case brief

What is this about?

What did the court decide?

M/S.Ashok Timber Trading Company v. the Commissioner of Customs

Case brief

What is this about?

What did the court decide?

What the court decided

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