Two writ petitions filed by RVJ. Devadoss challenging customs notices and demands were dismissed as abated after the petitioner died without engaging legal representation for subsequent proceedings.
Writ petitions dismissed as abated with liberty to the legal representative to file appropriate application to restore the writ petitions.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.Nos.576 of 2011 and 29469 of 2010
and
M.P.No.1 of 2011 and 1 of 2010
RVJ. Devadoss ... Petitioner in both W.Ps.
Vs.
Tuticorin – 628 004. .3rd Respondent in W.P.No.29469 of 2010
Customs House, Tuticorin – 628 004. .. 3rd Respondent in W.P.No.576 of 2011
Prayer in W.P.No.576 of 2011: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorari, to call for the entire records pertaining to the notice cum demand Letter of the 3rd Respondent in C.No.VIII/20/1015/2010/SCN No.503/2010 dated 07.05.2010 and quash the same.
Prayer in W.P.No.29469 of 2010: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, to call for the
entire records pertaining to the Letter of the 1st Respondent in F.No.609/25/2010-DBK dated 02.11.2010 and quash the same consequently direct the 1st respondent to consider and dispose of the petitioner's representation dated 05.02.2010 in accordance with Rule 17 of Customs, Central Excise Duties and Service Tax Drawback Rules, 1995.
For Petitioner : Mr.M.Kannan for (in both W.Ps) Mr.M.Purushothaman For Respondents: Mr.A.P.Srinivas (in both W.Ps) Standing Counsel for R1 to R3
Mr.S.Parthasarathy for R4
These cases had been argued partly. However, on the last occasion, learned counsel Mr.Purushothaman, for the petitioner mentioned that the petitioner had approached him for change of vakalat and therefore these cases be adjourned.
2.However, today learned counsel Mr.Purushothaman, for the petitioner submitted that the sole petitioner has died and therefore he is not in a position to conduct the case.
3.The learned counsel for the petitioner is not able to confirm as to when the petitioner had died. In any event, it appears that the petitioner was not interested in pursuing with the Writ Petitions as the petitioner had not engaged any other counsel during his life time.
4.Under these circumstances, these Writ Petitions are dismissed as abated with liberty to the legal representative to file appropriate application to restore the writ petitions. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
jas
To
1.The Secretary to the Government,
Ministry of Customs and Central Excise,
Government of India,
New Delhi.
2.The Commissioner of Customs,
Customs House,
Tuticorin – 628 004.
3.The Deputy Commissioner (Drawback),
O/o. Commissioner of Customs,
Customs House,
Tuticorin – 628 004.
4.The Assistant Commissioner of Customs,
Inland Container Depot,
Tuticorin – 628 004.
+1 cc to Mr. A.P.Srinivas, Advocate Sr.No. 2117
W.P.Nos.576 of 2011 and 29469 of 2010
and
M.P.No.1 of 2011 and 1 of 2010
BS(CO)
RMP(24/03/2021)
RVJ. Devadoss
The Secretary to the Government, Ministry of Customs and Central Excise, Government of India
The Commissioner of Customs, Customs House, Tuticorin
The Deputy Commissioner (Drawback), O/o. Commissioner of Customs, Tuticorin
The Assistant Commissioner of Customs, Inland Container Depot, Tuticorin
The Chief Manager, Canara Bank, Tirupur
C. Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
