M.Manivannan vs. Union Of INDIA
Facts
The petitioners, M. Manivannan and M. Pari, filed two writ petitions before the Madurai Bench of the Madras High Court. They challenged an order passed by the Central Administrative Tribunal (CAT) in O.A.Nos.15 and 5 of 2019, dated 04.01.2019, and an order in C.No.11/03/26/2018 CCA East, dated 13.08.2018, passed by the second respondent (The Principal Chief Commissioner of GST and Central Excise). The petitioners sought to quash these orders and consequently sought a direction to permit them to complete their full tenure of four years at the Custom House, Tuticorin. The matters were listed for hearing on 17.06.2019 and again on 19.06.2019, but there was no representation for the petitioners on both occasions.
Held
The Court noted that the writ petitions were listed for hearing on 17.06.2019, and there was no representation for the petitioners. Consequently, the matters were listed again on 19.06.2019 under the caption 'for dismissal'. On this date also, there was no representation for the petitioners. Therefore, the Court dismissed the writ petitions for non-prosecution. No costs were awarded. The connected miscellaneous petitions were also dismissed as a consequence.
Key Issues
1. Whether the impugned orders passed by the Central Administrative Tribunal and the Principal Chief Commissioner of GST and Central Excise are illegal, warranting quashing. (Question of law) Petitioner's argument: The petitioners contended that the impugned orders were illegal and sought to quash them to allow them to complete their full tenure of four years at the Custom House, Tuticorin. No specific legal provisions or precedents were cited in the judgment for the petitioners' arguments. Revenue's argument: The judgment does not record any specific arguments made by the respondents (Union of India and its authorities).
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Heard together (2 matters)
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1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2019 CORAM: THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU and THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)Nos.7625 and 7626 of 2019 and WMP(MD)Nos.6062 to 6065 of 2019 M.Manivannan : Petitioner in W.P.(MD)No.7625 of 2019 M.Pari : Petitioner in W.P.(MD)No.7626 of 2019 Vs. 1.Union of India, Represented by Chairperson, Central Board of Excise and Customs, North Block, New Delhi – 110 001. 2.The Principal Chief Commissioner of GST and Central Excise, 26/1, Mahatma Gandhi Road, Nungambakkam, Chennai – 600 034. 3.The Chief Commissioner of Customs (Preventive), Trichy – 620 001. : Respondents in both the Writ Appeals COMMON PRAYER
: Writ Petitions are filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus calling for the impugned order passed by the Central Administrative Tribunal in O.A.Nos.15 and 5 of 2019, dated 04.01.2019 and the order in C.No.11/03/26/2018 CCA East, dated 13.08.2018 passed by the second respondent and quash the same illegal and consequently direct the respondents to permit
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