Dismissed

Senthil Kumar.P v. Union of India, Rep.by

Madras HC15 Mar 2021WP(MD)/2930/2021

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court disposed of a writ petition filed to expedite the finalization of proceedings regarding the vacation of seized gold chains. The Court directed the adjudicating authority to complete the enquiry and pass final orders within eight weeks from the date of receiving a copy of the order, clarifying that no substantive direction was given on the merits.

What did the court decide?

The adjudicating authority is directed to complete the enquiry proceedings and pass final orders within eight weeks from the date of receipt of a copy of this order.

Senthil Kumar.P Vs Union of India, Rep.by — Customs and Excise | Madras HC (2021)

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W.P(MD)No.2930 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 15.03.2021

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)No.2930 of 2021 and W.M.P.(MD)Nos.2365 and 2946 of 2021

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P.Senthil Kumar ... Petitioner

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Vs.

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1.Union of India, represented by The Chairman (CBIC), Ministry of Finance, Department of Revenue, North Block, New Delhi 110 001. 2.The Chief Commissioner of Customs, No.1, Williams Road, Melapudur, Cantonment, Tiruchirapalli-620 001. 3.The Commissioner of Customs, No.1, Williams Road, Melapudur, Cantonment, Tiruchirapalli-620 001. 4.N.Jothi Gangadharan, The Superintendent of Customs, Office of the Deputy Commissioner of Customs, Air Intelligence Unit, Airport, Trichy. 5.Dhayanandhan, The Joint Commissioner of Customs, Air Intelligence Unit, Airport, Trichy. ... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to expeditiously complete the proceedings regarding the vacation of the seizure effected on his gold chains on the basis of the representation submitted by the petitioner dated 21.01.2021 in accordance with law within the time stipulated by this Court.

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

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W.P(MD)No.2930 of 2021

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For Petitioner : Mr.Alagumani.R

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For Respondents : Mr.K.Maharajan, Standing Counsel for R1, Mr.B.Vijay Karthikeyan for R2 & R3

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ORDER

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Heard the learned counsel for the writ petitioner and the learned standing counsel for the respondents 1 to 3.

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2.Even though the learned standing counsel would rightly draw my attention to the averments and also the prayer made by the writ petition that may warrant filing of written response, I am of the view that considering the final relief sought for by the writ petitioner, the writ petition can be disposed of right now. I make it clear that the petitioner's counsel on instructions had also clarified that he would be satisfied, if the petition mentioned proceedings are finalized. Therefore, without going into any other aspect and without making any pronouncement on the other contentious issues raised in the writ petition, the adjudicating authority is directed to complete the enquiry proceedings and pass final orders in the matter within a period of eight weeks from the date of receipt of a copy of this order. I make it clear that the only relief granted in the writ petition is for expediting the proceedings. No positive direction has been given to decide the issue one way or the other.

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3.I also make it clear that non filing of counter by the respondents named in person cannot be construed against them, this is because, even though request for filing counter was sought by the learned standing counsel, it is this Court that has chosen to dispose of the writ petition.

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4.The writ petition is disposed of on these terms. No costs. Consequently, connected miscellaneous petitions are closed.

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Assistant Registrar(AD-I)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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ias

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

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W.P(MD)No.2930 of 2021

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Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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The Chairman (CBIC), Ministry of Finance, Department of Revenue, North Block, New Delhi 110 001.

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+1 CC to M/s.B.VIJAY KARTHIKEYAN, Advocate SR-10966 dated 15/03/2021 +1 CC to M/s.K.MAHARAJAN, Advocate ( SR-11302[F] dated 16/03/2021 ) +1 CC to M/s.R.ALAGUMANI, Advocate ( SR-11724[F] dated 17/03/2021 )

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W.P(MD)No.2930 of 2021 15.03.2021

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NA(CO) TR(18.03.2021) 3P 5C

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

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Senthil Kumar.P v. Union of India, Rep.by

Case brief

What is this about?

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Senthil Kumar.P v. Union of India, Rep.by

Case brief

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