IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 29.06.2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.13819 of 2011 and M.P.No.1 of 2011 Huavei Telecommunications India Private Limited, Represented by its Vice President, Mr.Wuxien Fu, Dowlah Towers, VI Floor, No.57, 59, 63 Taylors Road, Kilpauk, Chennai – 600 010. .. Petitioner. Versus 1.Superintendent of Customs-Authorised Officer, Flextronics Special Economic Zone, Sipcot Industrial Park, Sandavellur C Village, Sriperumbudur Taluk, Kancheepuram District. 2.The Commissioner of Customs (Appeals) Office of the Commissioner of Customs (Appeals) No.60, Rajaji Salai, Custom House, Chennai – 600 001. 3.The Commissioner of Central Excise (Appeals), Office of the Commissioner of Customs (Appeals) No.26/1(121) Mahatma Gandhi Road, Nungambakkam, Chennai – 600 034. .. Respondents. Prayer: Petition filed seeking for a writ of Certiorarified Mandamus, to call for the records comprised in impugned order in Appeal C.Cus No.201-251/2011, dated 25.04.2011, in file No.C3/289-305.336 341, 355-382/O/2011-Sea on the file of the second respondent, quash the same and consequently direct the second respondent or in the alternative third respondent to dispose the matter on merits at an early date. For Petitioner : Mr.Mohammed Shaffiq For Respondents : Mr.P.Mahadevan, CGSC https://hcservices.ecourts.gov.in/hcservices/ 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 second respondent had passed the impugned order, dated 25.04.2011, stating that it is the third respondent, who has the jurisdiction to hear the appeal filed by the petitioner, without an opportunity of hearing having been given to the petitioner. Therefore, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice if the impugned order of the second respondent, dated 25.04.2011, is set aside and the second respondent is directed to consider the issue regarding its jurisdiction, with regard to the issues arising for its consideration, after giving an opportunity of hearing to the petitioner. 3. The learned Central Government Standing Counsel appearing on behalf of the respondents, has no objection for such an order being passed by this Court. 4. In such circumstances, the impugned order of the second respondent, dated 25.04.2011, is set aside. The second respondent is directed to pass appropriate orders with regard to its jurisdiction, in view of the issues arising for its consideration, after giving an opportunity of hearing to the petitioner. The second respondent shall pass such orders, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar cse To 1.The Superintendent of Customs-Authorised Officer, Flextronics Special Economic Zone, Sipcot Industrial Park, Sandavellur C Village, Sriperumbudur Taluk, Kancheepuram District. https://hcservices.ecourts.gov.in/hcservices/ 2.The Commissioner of Customs (Appeals) Office of the Commissioner of Customs (Appeals) No.60, Rajaji Salai, Custom House, Chennai – 600 001. 3.The Commissioner of Central Excise (Appeals), Office of the Commissioner of Customs (Appeals) No.26/1(121) Mahatma Gandhi Road, Nungambakkam, Chennai – 600 034. 1 cc to Mr.Mohammed Shaffiq, Advocate, Sr.No.37637 Writ Petition No.13819 of 2011 and M.P.No.1 of 2011 KSJ {CO} TP/14.7.2011. https://hcservices.ecourts.gov.in/hcservices/