Madras High Court
Seeni Mohamed vs The Chief Commissioner Of Customs on 14 September, 2023
Author: C.Saravanan
Bench: C.Saravanan
W.P.No.27233 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.09.2023
CORAM :
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.27233 of 2023
Seeni Mohamed ... Petitioner
Vs.
1.The Chief Commissioner of Customs,
No.60, Rajaji Salai, Customs House,
Chennai - 600 001.
2.The Principal Commissioner of Customs (Exports),
No.60, Rajaji Salai, Customs House,
Chennai - 600 001.
3.The Commissioner of Customs (Exports),
No.60, Rajaji Salai, Customs House,
Chennai - 600 001.
4.The Additional Commissioner of Customs (Exports),
No.60, Rajaji Salai, Customs House,
Chennai - 600 001.
5.The Deputy Commissioner of Customs (EDI),
No.60, Rajaji Salai, Customs House,
Chennai - 600 001.
6.The Deputy Commissioner of Customs (ICEGATE),
No.60, Rajaji Salai, Customs House,
Chennai - 600 001. ... Respondents
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https://www.mhc.tn.gov.in/judis
Page No. 1 of 7
W.P.No.27233 of 2023
Prayer: Writ Petition filed under Article 226 of the Constitution of India, for
issuance of a Writ of Mandamus, to direct the respondents herein to consider
the representation of the petitioner dated 15.04.2023, in so far, in the said
representation, the petitioner had sought for to provide certain
information/details and documents, pertaining to the alleged export made in
the name of the petitioner's erstwhile proprietorship concern, viz., M/s.Bright
Exim.
For Petitioner : Mr.S.Baskaran
For Respondents : Mr.M.Santhanaraman
Senior Standing Counsel
ORDER
Mr.M.Santhanaraman, learned Senior Standing Counsel takes notice on behalf of the respondents.
2. This writ petition has been filed for a Mandamus to direct the respondents to consider the petitioner's representations dated 06.04.2023 and 15.04.2023.
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3. The specific case of the petitioner appears to be that the petitioner was running a proprietorship concern called M/s.Bright Exim between 2004 and 2012 and thereafter had stopped the aforesaid business and had taken up his employment in abroad and returned to India only in the year 2016.
4. It is the case of the petitioner that the petitioner's Importer-Exporter Code (IEC) was misused by a third person, who appears to have made huge transactions of export for a sum of Rs.14,14,59,653/-, as a result of which, the petitioner is facing of proceedings under the IT Act.
5. The further case of the petitioner is that the information that has been called for by the petitioner by the aforesaid representations dated 06.04.2023 and 15.04.2023 will assist the petitioner/defend the petitioner in the parallel proceedings under the IT Act.
6. Specifically, it is submitted that the petitioner has not carried on any business between 2012 and 2016 and that the petitioner has also closed on the bank account and therefore, the exports made by unscrupulous persons using the IEC code of the petitioner is to be probed. ____________ https://www.mhc.tn.gov.in/judis Page No. 3 of 7 W.P.No.27233 of 2023
7. The learned Senior Standing Counsel for the respondents on the other hand would submit that the petitioner should work out his remedy under the provisions of the Right to Information Act (RTI) Act, 2005. Hence prays for dismissal of the writ petition.
8. I have considered the arguments advanced by the learned counsel for the petitioner and the learned Senior Standing Counsel for the respondents.
9. The request of the petitioner appears to be genuine. Although the petitioner has an alternate remedy under the provisions of the RTI Act, I do no see any impediment on the part of the respondents from considering the representations dated 06.04.2023 and 15.04.2023 of the petitioner for furnishing the informations called for by the petitioner as the petitioner's name has been misused by the third person.
10. Considering the above, this Court is inclined to dispose this writ petition at the time of admission by directing the third and fifth respondents ____________ https://www.mhc.tn.gov.in/judis Page No. 4 of 7 W.P.No.27233 of 2023 to verify whether the petitioner was the proprietor of M/s.Bright Exim and was holding the IEC No.040411519, if so, the respondents may consider the petitioner's representations dated 06.04.2023 and 15.04.2023 and furnish the requisite details regarding bills of entries and the other particulars called for by the petitioner in the second mentioned representation.
11. This exercise shall be carried out by the third and fifth respondents within a period of thirty days from the date of receipt of a copy of this order.
12. This Writ Petition stands disposed of with the above observations. No costs.
14.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order Neutral Citation : Yes/No arb ____________ https://www.mhc.tn.gov.in/judis Page No. 5 of 7 W.P.No.27233 of 2023 To
1.The Chief Commissioner of Customs, No.60, Rajaji Salai, Customs House, Chennai - 600 001.
2.The Principal Commissioner of Customs (Exports), No.60, Rajaji Salai, Customs House, Chennai - 600 001.
3.The Commissioner of Customs (Exports), No.60, Rajaji Salai, Customs House, Chennai - 600 001.
4.The Additional Commissioner of Customs (Exports), No.60, Rajaji Salai, Customs House, Chennai - 600 001.
5.The Deputy Commissioner of Customs (EDI), No.60, Rajaji Salai, Customs House, Chennai - 600 001.
6.The Deputy Commissioner of Customs (ICEGATE), No.60, Rajaji Salai, Customs House, Chennai - 600 001.
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arb W.P.No.27233 of 2023 14.09.2023 ____________ https://www.mhc.tn.gov.in/judis Page No. 7 of 7