Kannimar Fabrics Vs Commissioner of Customs (Madras High Court)
Madras High Court held that Article 226 of the Constitution doesn’t permit Court to decide the dispute between two private parties. Accordingly, writ dismissed with liberty to petitioner to avail civil remedy.
Facts- The petitioner had imported cotton rags through the third and fourth respondents which was subject to detention by the Customs Department and an order of release was passed by the Customs Department on 08.05.2024 which also entitles not to claim demurrage charges for a period of 60 days from the date of order of release. However, the third and fourth respondents are refusing to release the goods in favour of the petitioner. Hence, he had approached this Court to extend the benefit of demurrage waiver to the petitioner and also direct the third and fourth respondents to release the goods which had been released by the department.
Conclusion- Held that admittedly, the detained goods had been released by the Customs Department and in view of the dispute between the petitioner and the respondents 3 and 4, arising out of contract for carriage agency, the goods were not released. This Court, under Article 226 of the Constitution, cannot decide the dispute between two private parties and direct the release of goods which has already been released by the Customs Department. However, the petitioner is grated liberty to avail civil remedy available to him.
