In these consolidated writ petitions, the High Court held that the pleas raised became infructuous due to submissions by the learned counsel for both parties. Consequently, the petitions were dismissed without detailed reasoning or legal principles.
The writ petitions were 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 : 13.12.2021
CORAM :
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.P.No. 32089, 32096, 32098, 32100 & 32105 of 2018 & W.M.P.No. 37345, 37338, 37342, 37347, 37349, 37350, 37353, 37355, 37356, 37357, 37358, 37360, 37367, 37370, 37373 of 2018 1.M/s.Rajni Exports and Imports Rep.by its Partner Rajiv Naaram S/o. Munirathnam Naaram No. 157 and 158 First Floor- B Srinivasankumar Street Golden George Nagar, Nerkundram Chennai-600 107 ... Petitioner in WP.No.32089, 32098 of 2018 2.M/s.Niraj Agro Foods Rep by its Managing Partner Mr.Munirathnam Naaram S/o.Chenganna No.157 and 158 First Floor-B Srinivasankumar street Golden George Nagar Nerkundram, Chennai-600107 ... Petitioner in WP.No.32096, 32100 & 32105 of 2018 -Vs-
1.The Director General of Foreign Trade Ministry of Commerce and Industries Department of Commerce Udyog Bhavan H.Wing Gate No.2 Maulana Azad Road New Delhi 110 011.
3.The Commissioner of Customs Chennai II Commissionerate Custom House No.60 Rajaji Salai, Chennai 600 001
... Respondents in all W.Ps.
Prayer in W.P.No.32089 of 2018: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus or any other writ, calling for the records relating to the notification No.19/2015-2020 dated 05.08.2017 issued by the 1st respondent and the Trade notice No.15/(2015-2020) dated 31.08.2017 to implement the same passed by the 2nd Respondent relating to Exim Code 0713600 so far it relates to Toor Whole and the further notification No.06/20152020 dated 04.05.2018 issued by the 1st respondent so far it relates to Exim Code 07139010 as well as Trade Notice No.06/2018-2019 dated 11.05.2018 passed by the 2nd Respondent quash the same and consequently direct the 3rd respondent to permit clearance of 1000 MTs of Toor Whole falling under Exim Code 0713 6000 in terms of Sales Contract No.18/TW/100/2018 dated 30.11.2018.
Prayer in W.P.No.32096 of 2018: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus or any other writ, calling for the records relating to the notification No.19/2015-2020 dated 5.8.2017 issued by the 1st Respondent and the Trade notice No.15/(2015-2020) dated 31.8.2017 to implement the same passed by the 2nd Respondent relating to Exim code 0713600 so far it relates to Toor whole and the further notification No.06/20152020 dated 4.5.2018 issued by the 1st Respondent so far it relates to Exim code 07139010 as well as Trade Notice No. 06/2018 -2019 dated 11.5.2018 passed by the 2nd Respondent quash the same and consequently direct the 3rd Respondent to permit clearance of 2500 MTs of Toor whole falling under Exim code 0713 6000 in terms of sales contract No.AFPL/0133/TW/2018 dated 26.11.2018
Prayer in W.P.No.32098 of 2018: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus or any other writ, calling for the records to notificaton NO 22/2015-2020 dated 21-8-2017 and notification No 06/2015-2020 dated 4-5-2018 issued by the Ist Respondent read with Trade Notice No. 19/2018 dated 25-10-2017 and the Trade Notice No 6/2018-2019 dated 11-5-2018 bearing F.No.M 5012/300-2002-PC 2(A) and F.NO.01/89/180-Misc. 13/AM07/PC-A2 issued by the 2nd Respondent quash the same and consequently direct the 3rd respondent to permit clearance of 2500 MTs of Black Matpe falling under Exim Code 07133100 in terms of Sales Contract No AFPL/0126/BMP/2018 dated 19-11-2018
and pass such further or other order as this Honble court may deem fit and necessary under the circumstances of the case.
Prayer in W.P.No.32100 of 2018: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus or any other writ, calling for records relating to the Notification Nos. 19/ 2015-2020 dated 05.08.2017 issued by the 1st respondent and the Trade Notice No. 15/ (2015-2020) dated 31.08.2017 to implement the same passed by the 2nd respondent relating to Exim Code 0713600 so far it relates to Toor whole and the further Notification No. 06/2015-2020 dated 04.05.2018 issued by the 1st respondent so far it relates to Exim Code 07139010 as well as Trade Notice No. 06/ 2018-2019 dated 11.05.2018 passed by the 2nd respondent quash the same and consequently direct the 3rd respondent to permit clearance of 480 MTs of Toor Whole falling under Exim Code 0713 6000 in terms of Sales Contract No. TISPL/ 18-19/ 5/ 0127 dated 28.11.2018.
Prayer in W.P.No.32105 of 2018: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus or any other writ, calling for the records relating to the notification No.37/(2015-2020) dated 28/092018 issued by the 1st Respondent quash the same and clear 5,000 Mts of pigeon Peas falling under Exim code 07131000 in terms of Sales Contract No.PAT/1027-D/2018 dated 29/11/2018.
COMMON O R D E R
The learned Counsel appearing for the petitioner as well as the respondents submit that the prayer in these Writ Petitions has become infructuous.
Sd/-
Assistant Registrar (CS-III) //True Copy//
Sub Assistant Registrar
sha To
1.The Director General of Foreign Trade Ministry of Commerce and Industries, Department of Commerce, Udyog Bhavan H.Wing Gate No.2, Maulana Azad Road, New Delhi 110 011. 2.The Joint Director General of Foreign Trade Ministry of commerce and Industries, Department of Commerce, Udyog Bhavan H- Wing Gate No.2, Maulana Azad Road, New Delhi 110 011.
3.The Commissioner of Customs, Chennai II Commissionerate, Custom House No.60, Rajaji Salai, Chennai 600 001.
+1cc to Mr.G.Ethirajulu, Advocate SR. No.66998 +1cc to Mr.J.Vasu, Advocate SR. No.67011 +1cc to Mr.A.P.Srinivas, Advocate SR. No.66547
W.P.No. 32089, 32096, 32098, 32100 & 32105 of 2018 & W.M.P.No. 37345, 37338, 37342, 37347, 37349, 37350, 37353, 37355, 37356, 37357, 37358, 37360, 37367, 37370, 37373 of 2018
SR(CO) PR (12/01/2022)
M/s. Rajni Exports and Imports Rep.by its Partner Rajiv Naaram
M/s.Niraj Agro Foods Rep by its Managing Partner Mr.Munirathnam Naaram
The Director General of Foreign Trade
The Joint Director General of Foreign Trade
The Commissioner of Customs Chennai II
KRISHNAN RAMASAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
