1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.8947 of 2011 And M.P.(MD).No. 1 of 2011 M/s.Empire Exports No.1, Govind Chandra Dhar Lane, 2nd Floor, Kolkatta West Bengal - 700 001 Rep. by Bimal Kumar Modi ... Petitioner -Vs- 1. The Additional Commissioner of Customs, Custom House New Harbour Estate Tuticorin - 628 004 2. The Assistant Commissioner of Customs, Custom House New Harbour Estate Tuticorin - 628 004 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus calling for the records of the second respondent in C.No. VIII/10/01/2011-Adjn, dated 21.04.2011, and quash the same as illegal, arbitrary, unconstitutional and further directing the respondents to release the consignments of Split and Whole Betel Nut covered under Bill of Lading No. MGL/TUTP101388, Imported from Bangladesh, filed in Bill of Entry No.2371179 dated 29.11.2010, with the office of the respondent and consequentially issue Detention Certificate waiving the demurrage, rent and detention charges in terms of regulation 6(1) of the Handling of Cargo Customs areas Regulation, 2009. For Petitioner : Mr.B.Satish Sundar For Respondents : Mr.R.Aravindan O R D E R Learned counsel for the petitioner was confronted with the question as to whether the show cause notice is without any jurisdiction, for which he categorically submitted that it is not so. https://hcservices.ecourts.gov.in/hcservices/ 2 2. In such circumstances, following the decisions in (i) State of U.P. v. Brahm Datt Sharma reported in 1987 (2) SCC 179, (ii) Special Director v. Mohd. Ghulam Ghouse reported in 2004 (3) SCC 440, this Court is not inclined to entertain the Writ Petition against the show cause notice. 3. Hence, the Writ Petition is dismissed. Consequently, connected Miscellaneous Petition is also dismissed. No costs. SD/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar(C.S) To 1. The Additional Commissioner of Customs, Custom House New Harbour Estate Tuticorin - 628 004 2. The Assistant Commissioner of Customs, Custom House New Harbour Estate Tuticorin - 628 004 +1. CC to Mr.R.Aravindan, Advocate, SR.No. 26977 vsg W.P.(MD).No.8947 of 2011 And M.P.(MD).No. 1 of 2011 10.08.2011 TR : 23.08.2011: 2p/4c https://hcservices.ecourts.gov.in/hcservices/