Disposed

Raguraja.R v. Union of India

Madras HC15 Mar 2021WP(MD)/3028/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court disposed of a writ petition seeking a writ of mandamus to expedite the finalization of customs enquiry proceedings regarding seized gold chains, directing the adjudicating authority to complete the enquiry and pass final orders within eight weeks.

What did the court decide?

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

Raguraja.R Vs Union of India — Customs and Excise | Madras HC (2021)

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W.P(MD)No.3028 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2021

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CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)No.3028 of 2021 and W.M.P.(MD)No.2424 of 2021

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R.Raguraja ... Petitioner

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Vs.

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1.Union of India, represented by

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The Chairman,

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Central Board of Indirect Taxes and Customs (CBIC),

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Ministry of Finance, Department of Revenue,

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North Block, New Delhi 110 001.

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2.The Chief Commissioner of Customs,

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No.1, Williams Road, Melapudur,

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Cantonment, Tiruchirapalli-620 001.

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3.The Commissioner of Customs,

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No.1, Williams Road, Melapudur,

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Cantonment, Tiruchirapalli-620 001.

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4.N.Jothi Gangadharan,

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The Superintendent of Customs,

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Office of the Deputy Commissioner of Customs,

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Air Intelligence Unit, Airport, Trichy.

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5.Dhayanandhan,

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The Joint Commissioner of Customs,

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Air Intelligence Unit, Airport, Trichy.

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... 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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For Petitioner : Mr.Alagumani.R For Respondents : Mr.V.Malaiyendiran, Central Govt. Standing Counsel for R1, Mr.B.Vijay Karthikeyan for R2 & R3

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

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W.P(MD)No.3028 of 2021

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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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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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Ias

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

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W.P(MD)No.3028 of 2021

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The Chairman,

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Central Board of Indirect Taxes and Customs (CBIC), Ministry of Finance, Department of Revenue, North Block, New Delhi 110 001.

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+1 CC to M/s.R.ALAGUMANI, Advocate ( SR-11721[F] dated 17/03/2021 )

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W.P(MD)No.3028 of 2021 15.03.2021

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na(CO) KK(18.03.2021) 3P 3C

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

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Raguraja.R v. Union of India

Case brief

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Raguraja.R v. Union of India

Case brief

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