2020 (9) TMI 1184 - HC - Customs

Maintainability of petition - Territorial Jurisdiction - import of consignment at Tuticorin Port - petitioner is residing at Kerala and the authority is based in Haryana - HELD THAT - A mere look at Article 226 of the Constitution of India would indicate that even if the authority is located outside the territorial limits of the High Court where the writ petition has been filed still orders can be passed, if at least a part of the cause of action had arisen within the territorial limits of this Court. It is not in dispute that the petitioner had imported the consignment in question only at Tuticorin Port. Thus, not a mere part of the cause of action but the basic cause of action had arisen only within the territorial limits of this Court. There are jurisdiction to maintain this writ petition - the first respondent to dispose of the petition mentioned appeal on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order.

Summary

Issues: Jurisdiction of the Court, Disposal of petition mentioned appeal

Jurisdiction of the Court:
The petitioner sought disposal of a petition mentioned appeal, but the Standing counsel argued that the Court lacked territorial jurisdiction as the petitioner resided in Kerala and the authority was based in Haryana. However, the judge disagreed, citing Article 226 of the Constitution of India, which allows orders to be passed even if the authority is outside the territorial limits, as long as a part of the cause of action arose within the Court's jurisdiction. Since the consignment in question was imported only at Tuticorin Port within the Court's territorial limits, the judge held that jurisdiction was established.

Disposal of petition mentioned appeal:
Considering the perishable nature of the goods involved and the time elapsed since the import, the judge directed the first respondent to dispose of the petition mentioned appeal within two weeks from the date of the order. Emphasizing the need for a speedy resolution due to the nature of the goods, the judge required an online hearing for the petitioner before the final orders were passed. The judge clarified that the decision on the merits of the case rested with the first respondent, and the writ petition was disposed of accordingly, with no costs imposed.