M/s.Indian Christian Outreach v. Commissioner of Customs
Case brief
What is this about?
The High Court closed the writ petition seeking a mandamus for action against a customs cargo service provider. The Court observed that the relief worked out as the Show Cause Notice was issued, but left open the custodian's right to challenge the notice.
What did the court decide?
The writ petition stands closed; no costs awarded; the custodian may challenge the Show Cause Notice.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P. No. 14977 of 2016
M/s.Indian Christian Outreach Ministries, A registered trust, Represented by its Trustee, Mr.A.Jasper New Prabhu, Plot No.412, 7th Block, Mugappair West, Chennai – 600 037. ... Petitioner Vs 1. Commissioner of Customs, Chennai VIII Commissionerate, Custom House, No.60, Rajaji Salai, Chennai – 600 001. 2. M/s.Ennore Cargo Container Terminal Pvt.Ltd., No.144, Kondakarai Village, S.R.Palayam, Chennai – 600 120. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to take appropriate action against the 2nd respondent for suspension or revocation of the approval given to the 2nd respondent as a customs cargo service provider in terms of Regulation 11 of the Handling of Cargo in Customs Areas Regulations, 2009.
The petitioner has filed the present writ petition for a mandamus to direct the 1st respondent to take appropriate action against the 2nd respondent for suspension or revocation of the approval given to the 2nd respondent as a customs cargo service provider in terms of Regulation 11 of the Handling of Cargo in Customs Areas Regulations, 2009.
- The petitioner had imported goods way back in 2013. The imports were without license and therefore the imports were restricted. Under these circumstances, proceedings were https://hcservices.ecourts.gov.in/hcservices/ initiated against the petitioner which culminated in Order-in-
Issues for consideration
3 issues framed by the court
Whether the petitioner can be directed to take action against the custodian of the cargo for suspension or revocation of approval.
Whether the Show Cause Notice issued to the second respondent pursuant to an interim direction is justified.
Whether the writ petition requiring action against the custodian is misconceived given the prior relief.
Parties & counsel
- petitioner
Indian Christian Outreach Ministries
- respondent
Commissioner of Customs, Chennai VIII Commissionerate
- respondent
M/s.Ennore Cargo Container Terminal Pvt.Ltd.
Coram
Case details
As recorded by the court registry
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