1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19/04/2011 C O R A M THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN Writ Petition (MD) No.4548 of 2011 M/s.S.Mira commodities Pvt. Ltd., Rep. By its Director Farook Shabbir Noorani No.121 Grohitam Building, 1st floor Plot No.14/B Sector 19/19 Vashi Navi Mumbai-400 703 ... Petitioner Vs 1.The Commissioner of Customs, Custom House, New Harbour Estate, Tuticorin – 628 004. 2.The Commissioner of Customs & Central Excise (Appeals) No.1, Williams Road, Cantonment, Trichy-620 001. 3.The Assistant Commissioner of Customs Custom House, New Harbour Estate, Tuticorin – 628 004. 4.The Branch Manager, Development Credit Bank Ltd., 301 Delta plaza 414, Veer Savakar Marg, Prabhadevi, Mumbai-400 025. 5.The Branch Manager, The JAMMU AND KASHMIR BANK LTD, Mohammed Ali Road, Mumbai – 400 003. ... Respondents Petition filed under Article 226 of the Constitution of India praying to call for the records of the third respondent herein, the Assistant Commissioner of Customs, Custom House, Tuticorin-628 004, in Order-in-Original C.No.VIII/06/56/2008-Imp.Asst., dated 04.04.2011, in order No.835/2011-D.C.(Imports), and quash the same by issuance of a Writ of Certiorari. For petitioner ...Mr.A.K.Jayaraj For Respondents ...Mr.R.Aravindan O R D E R The petitioner has come up with the present Writ Petition challenging the impugned order of the third respondent dated 04.04.2011. 2. Admittedly, the petitioner has got a remedy of filing an appeal before the Commissioner of Customs, Trichy. Instead of filing an appeal, the petitioner has rushed to this Court by filing the present Writ Petition. https://hcservices.ecourts.gov.in/hcservices/ 2 3. However, the learned counsel appearing for the petitioner contended that the impugned order has been passed by the third respondent violating the principles of natural justice. Even if it is so, the petitioner can canvass the said point before the appellate forum. Taking such view, the Writ Petition stands disposed of with a direction to the petitioner to file an appeal before the Commissioner of Customs (Appeals), Trichy, challenging the order of the third respondent. However, the third respondent shall not proceed with the matter further, in pursuant to the impugned order till the expiry of the statutory period that is available for the petitioner to file an appeal before the Commissioner of Customs (Appeals), Trichy. The learned counsel for the respondents is directed to inform the order passed by this Court forthwith. No costs. Consequently connected Miscellaneous Petitions are closed. Sd/- Deputy Registrar (LA) /True copy/ Assistant Registrar To 1.The Commissioner of Customs, Custom House, New Harbour Estate, Tuticorin – 628 004. 2.The Commissioner of Customs & Central Excise (Appeals) No.1, Williams Road, Cantonment, Trichy-620 001. 3.The Assistant Commissioner of Customs Custom House, New Harbour Estate, Tuticorin – 628 004. 4.The Branch Manager, Development Credit Bank Ltd., 301 Delta plaza 414, Veer Savakar Marg, Prabhadevi, Mumbai-400 025. 5.The Branch Manager, The JAMMU AND KASHMIR BANK LTD, Mohammed Ali Road, Mumbai – 400 003. +1CC TO MR.A.K.JEYARAJ, ADVOCATE SR.14156 +1CC TO MR.B.ARAVINDAN, ADVOCATE SR.14633 RR SR : 25.04.2011 : 2p/8c : IT W.P.(MD) No.4548 of 2011 and M.P.Nos.1 and 2 of 2011 19.04.2011 https://hcservices.ecourts.gov.in/hcservices/