Facts of the Case

The Petitioner, L. Sankar, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court seeking issuance of a Writ of Mandamus directing the Respondent, namely the Commissioner of Customs (CHA), Customs House, Tuticorin, to consider the Petitioner’s application dated 14.11.2016 for renewal of his Regular Custom House Agent Licence.

During the pendency of the writ petition, the learned Counsel for the Petitioner informed the Court that the Petitioner had earlier collected the case bundle from him with consent for change of vakalat in order to engage another lawyer. The learned Counsel had also made an endorsement to that effect in the Court record.

The Registry informed the Court that, despite the Petitioner having collected the case bundle for engaging another lawyer, no other counsel had entered appearance on behalf of the Petitioner till the date of the order.

The Court observed that no useful purpose would be served by keeping the writ petition pending indefinitely when the Petitioner did not appear to be interested in prosecuting the matter.

Issues Involved

  1. Whether a Writ of Mandamus under Article 226 of the Constitution of India should be issued directing the Commissioner of Customs (CHA) to consider the Petitioner’s application dated 14.11.2016 for renewal of the Regular Custom House Agent Licence.
  2. Whether the writ petition should continue to remain pending when the Petitioner had collected the case bundle for change of vakalat but no new counsel had entered appearance on his behalf.
  3. Whether the absence of effective prosecution by the Petitioner justified dismissal of the writ petition for non-prosecution.
  4. Whether dismissal for non-prosecution would prevent the Petitioner from subsequently seeking revival of the writ petition in accordance with law.

Petitioner’s Arguments

The substantive relief sought by the Petitioner was a direction to the Respondent to consider his application dated 14.11.2016 for renewal of the Regular Custom House Agent Licence.

However, at the stage of disposal, the learned Counsel for the Petitioner stated that the Petitioner had already collected the case bundle from him with consent for change of vakalat to engage another lawyer. An endorsement recording the same had been made in the Court record.

No further substantive argument on the merits of the licence-renewal application was recorded in the final order, as no other lawyer had entered appearance for the Petitioner and the matter was not being effectively prosecuted.

Respondent’s Arguments

The Respondent was represented by the learned Senior Panel Counsel for Customs and GST.

However, the final order does not record any detailed substantive arguments advanced by the Respondent on the merits of the Petitioner’s application for renewal of the Regular Custom House Agent Licence. The matter was disposed of on the procedural ground of non-prosecution.

Court Order / Findings

The Madras High Court recorded the following material circumstances:

  • The Petitioner had collected the case bundle from his earlier Counsel with consent for change of vakalat in order to engage another lawyer.
  • The earlier Counsel had made an endorsement to that effect in the Court record.
  • The Registry informed the Court that no one else had entered appearance on behalf of the Petitioner till date.
  • The Court found that there was no useful purpose in keeping the writ petition pending indefinitely when the Petitioner was not interested in prosecuting the matter.

Accordingly, the High Court dismissed the writ petition for non-prosecution.

The Court further expressly clarified that the Petitioner was not precluded from applying for revival of the writ petition, if necessary, in accordance with law.

No order as to costs was made.

Important Clarification

The dismissal of the writ petition was not a decision on the merits of the Petitioner’s request for renewal of the Regular Custom House Agent Licence.

The Court did not adjudicate upon:

  • the substantive entitlement of the Petitioner to renewal of the licence;
  • the validity or merits of the application dated 14.11.2016;
  • whether the Commissioner of Customs (CHA) was legally bound to renew the licence; or
  • the merits of any possible objections to such renewal.

The writ petition was dismissed solely because it was not being prosecuted.

Most importantly, the High Court expressly preserved the Petitioner’s right to apply for revival of the writ petition, if necessary, in accordance with law. Therefore, the dismissal for non-prosecution did not create an absolute bar against seeking restoration or revival through an appropriate application permissible in law.

Sections / Constitutional Provisions Involved

Article 226 of the Constitution of India

The writ petition was instituted under Article 226 seeking a Writ of Mandamus directing the Respondent to consider the Petitioner’s application for renewal of the Regular Custom House Agent Licence.

Relief Involved

Direction to consider the Petitioner’s application dated 14.11.2016 for renewal of the Regular Custom House Agent Licence.

Procedural Principle Involved

Dismissal of a writ petition for non-prosecution, coupled with express liberty to seek revival of the writ petition in accordance with law.

Link to download the order -

https://mytaxexpert.co.in/uploads/1783068670_392compressed.pdf 

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