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TMI Blog2018 (8) TMI 1702X X X X Extracts X X X X X X X X Extracts X X X X ..... o.13/2018, dated 08.05.2018 and pass appropriate orders on merits and in accordance with law within a period of one week from the date of receipt of a copy of this order - petition disposed off. - W.P(MD).No.18236 of 2018 - - - Dated:- 27-8-2018 - J. Nisha Banu, J. For the Petitioner : Mr.S.Karunakar For the Respondent : Mr.R.Aravindan, CGSC ORDER This writ petition has been filed by the petitioner for a Mandamus, to direct the 1st respondent to consider the petitioner's representation, dated 18.07.2018, within a stipulated time. 2.The brief facts of the case of the petitioner are as follows: (a) The petitioner had imported 85.840 M.Ts. of Light Melting Scrap (LMS) from M/s.Greenbird SARL, Reunion, France thr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r has filed an appeal before the Commissioner of Central Excise and Customs (Appeals), Tiruchirapalli. The said appeal was allowed and the matter was remanded back to the file of the second respondent to decide the case afresh with the following directions: The report of the Pollution Control Authorities does not state that the plastic scrap mixed with the LMS is hazardous. They have only stated that ?it is not useful for the intended purpose?. The appellant has not been put to notice as to which provisions of the hazardous waste management rules have been violated. The report of the PCB also does not state the percentage of plastic scrap available in the consignment. Therefore, the case is remanded back to the LAA to categorically sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xed with the LMS materials and accordingly, the segregated plastic scrap was stored in one container and the LMS materials were stored in remaining four containers and kept in the yard of M/s.Sical Multimodal and Rail Transport Limited, GFS Division, Tuticorin. On 08.05.2015, the second respondent has directed to reexport the plastic scrap at the cost of the petitioner and permitted the petitioner to clear segregated LMS on payment of applicable duties and interest. After receipt of the said order dated 08.05.2018, the petitioner repeatedly approached the first respondent for release of the four containers of imported LMS lying at M/s.Sical Multimodal and Rail Transport Limited for reexport. In this regard, he has also given a representatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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