IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 22-03-2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.5957 of 2011 and M.P.No.1 of 2011 M/s.AIR Express Travels and Cargo, Rep. By its Managign Partner Mr.Chandrababu, 36-G, North Parade Road, St.Thomas Mount, Chennai-600 016. .. Petitioner. Versus 1. Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Shastri Bhawan Annexe, 1st Floor, 26, Haddows Road, Chennai-600 006. 2. The Commissioner of Customs, (Import), Custom House, No.60, Rajaji Salai, Chennai-600 001. 3. The Assistant Commissioner of Customs (CHA), Custom House, No.60, Rajaji Salai, Chennai-600 001. .. Respondents. Prayer: Petition filed seeking for a writ of Mandamus, directing the second respondent herein to regularize the CHA License TL 60/98, by implementing the order of the Customs, Excise and Service Tax Appellate Tribunal, the first respondent herein passed in Final Order No.1362/07, dated 16.11.2007. For Petitioner : Mr.A.K.Jayaraj For Respondents : Mr.P.Mahadevan (CGSC) O R D E R
Heard the learned counsel appearing for the petitioner and the learned Central Government Standing Counsel appearing for the respondents.
2. The main contention of the learned counsel appearing on behalf of the petitioner is that the first respondent had passed an order, dated 16.11.2007, in Final Order No.1362/07, allowing the appeal filed by the petitioner. The learned counsel for the petitioner had also submitted that all the documents, requested by the third respondent in his letter, dated 20.8.2010, had been submitted by the petitioner, on 1.10.2010. In spite of the repeated requests made by the petitioner the said order had not been implemented, till date.
3. The learned counsel appearing on behalf of the respondents had submitted that an appeal had been filed against the order of the first respondent, dated 16.11.2007, in CMA SR.No.79186/2008, before this Court and the said appeal is yet to be numbered. He had also submitted that the Final Order No.1362/07, dated 16.11.2007, passed by the first respondent, would be implemented by the second respondent, subject to the outcome of the appeal filed before this Court, challenging the order of the first respondent, dated 16.11.2007.
4. In view of the averments made in the affidavit field in support of the writ petition and in view of the submissions made by the learned counsel appearing on behalf of the petitioner, as well as the respondents, this Court finds it appropriate to direct the second respondent to implement the Final Order No.1362/07, dated 16.11.2007, within a period of four weeks, from the date of receipt of a copy of this order. However, it goes without saying that the implementation of the said order would be subject to the appeal remedy available to the petitioner, if any.
The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed.
csh
To
1. Customs, Excise and Service
Tax Appellate Tribunal,
South Zonal Bench, Shastri Bhawan Annexe,
1st Floor, 26, Haddows Road,
Chennai-600 006.
2. The Commissioner of Customs, (Import),
Custom House, No.60, Rajaji Salai,
Chennai-600 001.
3. The Assistant Commissioner of Customs (CHA),
Custom House, No.60, Rajaji Salai,
Chennai 600 001