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2009 (9) TMI 122 - HC - CustomsPort Trust demand of demurrage charge holding remission permissible for maximum of 90 days – liability of department to pay demurrage charges - Detention Certificate issued for the period from 30-6-1997 to 4-8-2004 - In this case, as the fault, as admitted, is on the Department for wrongly detaining the goods from 30-6-1997 to 4-8-2004, in my considered opinion, the Department alone has to pay the demurrage charges for the said period. For the rest of the period i.e., from 5-8-2004 till the date of clearance of the goods, the petitioner is liable. - It is a well settled proposition of law that ‘writ of mandamus’ lies on the principle “request and denial”, which means, there should be a request by an individual and subsequent denial by the statutory authorities. In this case, though a request was made by the petitioner to the Port authorities and the same was rejected, the petitioner had not challenged the said order of rejection. Instead, he filed this writ petition, seeking for a direction to the Customs authorities, which, strictly speaking, is not maintainable. -
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