9911796707
TMI Blog2019 (7) TMI 1473X X X X Extracts X X X X X X X X Extracts X X X X ..... address is handwritten by the side of the transparent window - While the writ petitioner's residence is in '2nd North Street, Thiru.V.Ka.Nagar', the aforementioned returned envelope describes the same as 'Kennedy Street, TVK Nagar'. No elaboration is required to say that there is a world of difference between '2nd North Street, Thiru.V.Ka.Nagar' and 'Kennedy Street, TVK Nagar'. Writ petitioner counsel on instructions, emphatically asserted the aforesaid envelope was not refused by the writ petitioner - Obviously, it has been taken to another individual, who has refused it as he is not the intended recipient. In this backdrop, this Court deems it appropriate to accede to the prayer of the writ petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s passed said order interalia imposing a penalty of ₹ 2,00,000/- (Rupees Two Lakh Only) on the writ petitioner under Section 112(a) of the Customs Act. It is the further case of the writ petitioner that though the writ petitioner came to know about this order in the course of his business, a certified copy of the order was never served on the writ petitioner. 6. Writ petitioner submits that he is residing in the same address for more than nine years now and the full / complete postal address of the writ petitioner as contained in the case file / writ petition placed before this Court is as follows: ' T.R.Boopalan S/o.Mr.Ramalingam No.3A, Kennedy Square, 2nd North Stre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned counsel for writ petitioner, on instructions, submitted that the said order said to have been despatched in the aforesaid manner and refused by the addressee was never brought to the writ petitioner by the postal authorities. Therefore, the learned Revenue counsel undertook to produce the records and this has been captured in the earlier proceedings dated 19.07.2019 which reads as follows: 'Learned Revenue counsel seeks time to produce the file. List on 24.07.2019 in the Motion List.' 11. Today, the file has been produced. 12. A perusal of the file reveals that the despatch of said order by the office of the respondent has infact happened and it is in a window e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng that certified copy of said order has not been duly served on the writ petitioner. 15. The respondent is directed to provide a certified copy of the said order i.e., 'Order in Original No.67595/2019' dated 19.02.2019 by despatching it by Speed post with acknowledgment due to the full / complete and correct address of writ petitioner, i.e., 'T.R.Boopalan, S/o.Mr.Ramalingam, No.3A, Kennedy Square, 2nd North Street, Thiru.Vi.Ka.Nagar, Chennai 600 011' within a fortnight from today. 16. Though obvious, it is made clear that in the light of the narrative thus far, the date of receipt of the certified copy of said order by the writ petitioner in the aforesaid manner will be the reckoning date for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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