THE HIGH COURT OF JUDICATURE AT MADRAS while deciding the writ appeal no.938 of 2008 on 12/01/2009 in re: COMMISSIONER OF CUSTOMS [SEA PORT IMPORT] vs UNISTAR WORLD TRADE observed as follows:-
QUOTE:
“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 authority. In the present case, only one element, namely, “request” exists and other, namely, “denial” absents. T put it differently, a request was made by the respondent and the same was under consideration by the appellant, butm there was no denial or rejection of the said request by the appellant. So, when the said request made by the respondent was under consideration by the authorities, it was unfair for the respondent to approach the Writ Court. At the same time, it was also not the case of the respondent that there was an inordinate delay in considering his request by the appellant. In such circumstances, the learned Single Judge ought to have primarily looked into the maintainability of the writ petition itself. Instead, he ordered release of the goods, which, in our view, is not justiciable.
UNQUOTE
[for full text of the judgement, please visit http://www.taxesinindia.com  and click on the citation taxind_2009_hc_mad_wa_938]

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HIGH COURT JUDGEMENTS