Kerala High Court
Unknown vs By Advs.Sri.P.K.Ibrahim on 25 July, 2011
Author: S. Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
TUESDAY, THE 27TH DAY OF MARCH 2012/7TH CHAITHRA 1934
WP(C).No. 6474 of 2012 (H)
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PETITIONER
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NOOH EXPORTS,
39/5761, C-BLOCK, THARAKANDAM ESTATE,
KURISUPALLY ROAD, RAVIPURAM, KOCHI-682015
KERALA,
REPRESENTED BY ITS PROPRIETOR C.M.NOORUDHEEN.
BY ADVS.SRI.P.K.IBRAHIM
SMT.A.A.SHIBI
SRI.A.M.RIYAS
RESPONDENTS
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1. CENTRAL BOARD OF EXCISE AND CUSTOMS
NORTH BLOCK, NEW DELHI, PIN-110001
REPRESENTED BY ITS CHAIRMAN.
2. THE ASSISTANT COMMISSIONER OF CUSTOMS (SIIB)
OFFICE OF THE COMMISSIONER OF CUSTOMS,
CUSTOMS KACHCHH COMMISSIONERATE,
CUSTOMS HOUSE: KANDLA, NEW CUSTOMS BUILDING,
NR. BALAJI TEMPLE, KANDLA DISTRICT: KACHCHH, GUJARAT,
PIN CODE-370210
3. THE ASSISTANT COMMISSIONER OF CUSTOMS (IMPORT)
OFFICE OF THE COMMISSIONER OF CUSTOMS,
CUSTOMS KACHCHH COMMISSIONERATE,
CUSTOMS HOUSE: KANDLA, NEW CUSTOMS BUILDING,
NR. BALAJI TEMPLE, KANDLA DISTRICT: KACHCHH, GUJARAT,
PIN CODE-370210.
4. THE SUPERINTENDENT, SIIB,
OFFICE OF THE COMMISSIONER OF CUSTOMS,
CUSTOM KACHCHH COMMISSIONERATE,
CUSTOMS HOUSE: KANDLA, GUJARAT, PIN CODE-370210.
BY ADV. SRI. RENJIT JACOB KOSHY
BY SRI.THOMAS MATHEW NELLIMOOTTIL,SC,
BY GOVERNMENT PLEADER SRI.T.R.RAJESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MG
WP(C).No. 6474 of 2012 (H)
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APPENDIX
PETITIONER'S EXHIBITS;
EXT.P1:- COPY OF THE CONTRACT ENTERED BETWEEN MAC EXPORT AND
PETITIONER DATED 25.07.2011.
EXT.P2:- COPY OF THE BILL OF LADING DATED 30.09.2011.
EXT.P3:- COPY OF THE CERTIFICATE ISSUED BY THE NATIONAL CHAMBER OF
COMMERCE OF SRI LANKA DATED 30.09.2011.
EXT.P4:- COPY OF THE CERTIFICATE OF QUALITY AND WEIGHT DATED 30.09.2011.
EXT.P5:- COPY OF THE CERTIFICATE ISSUED BY SGS DATED 30.10.2011.
EXT.P6:- COPY OF THE LETTER ISSUED BY M/S.VIJAYALAKSHMI IMPORTERS AND
EXPORTERS AGREEING TO PURCHASE THE FURNACE OIL UNDER
INVOICE NO.IN 280811 DATED 30.09.2011 TO BE RE-SHIPPED FROM
KANDLA PORT TO COCHIN.
EXT.P7:- COPY OF THE LETTER DATED 19.12.2011 SENT BY THE PETITIONER TO
SHREYAS RELAY SYSTEMS LIITED FOR RE-SHIPMENT FROM KANDLA
PORT TO COCHIN.
EXT.P8:- COPY OF THE LETTER DATED 26.12.2011 WRITTEN BY THE EXPORTER
MAC EXPORT TO THE SHIPPING COMPANY M/S.SHREYAS RELAY
SYSTEM LTD. REQUESTING FOR RE-SHIPMENT OF THE GOODS FROM
KANDLA TO COCHIN.
EXT.P9:- COPY OF THE REQUEST DATED 28.12.2011 OF M/S.SHREYAS RELAY
SYSTEMS LTD.ADDRESSED TO THE ASSISTANT COMMISSIONER OF
CUSTOMS(SIB) AND (IMPORT) CUSTOMS HOUSE, KANDLA.
EXT.P10:- COPY OF THE LETTER DATED 02.03.2012 WRITTEN TO THE
SUPERINTENDENT OF CUSTOMS, KANDLA.
EXT.P11;- COPY OF THE REPRESENTATION DATED 03.03.2012 MADE BEFORE THE
1ST RESPONDENT WITHOUT ITS ENCLOSURES.
RESPONDENT'S EXHIBITS:
EXT.R1(A):- COPY OF THE LETTER F.NO.S/20-16/IGM AMEND/SIIB/2011-12 DATED
01.02.2012
EXT.R1(B):- COPY OF THE LETTER F.NO.S/20-16/IGM AMEND/SIIB/2011-12 DATED
21.02.2012.
EXT.R1(C):- COPY OF THE ORDER NO.KDL/COMMR/11/SIIB/11-12 DATED 09.11.2011.
//TRUE COPY//
PA TO JUDGE
MG
S. Siri Jagan, J.
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W.P(C) No. 6474 of 2012
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Dated this, the 27th day of March, 2012.
J U D G M E N T
The petitioner imported some furnace oil through the Kandla Port. Certain objections have been raised by the Customs Department in respect of the said consignment. The petitioner now wants to reship the consignment to Cochin. The petitioner has made a request in respect thereof. Since no orders have been passed in respect thereof, the petitioner has filed Ext.P11 representation to the Chairman of the Central Board of Excise and Customs. The petitioner has filed this writ petition seeking the following relief:
"Issue a writ of mandamus commanding the 1st respondent to pass orders on Ext.P11 allowing reshipment of the goods delivered at Kandla Port vide bill of lading No. SRSLCMB/2011/0781 which are now in the custody of the respondents 2 to 4 forthwith or expeditiously within such time as this Hon'ble court may deem fit in the facts and circumstances of the case, ensuring in the meanwhile that the respondents 2 to 4 do not tamper with furnace oil packed in three 20 FT flexi container bags imported vide bill of lading No. SRSLCMB/2011/0781 at Kandla port Gujarat."
2. Since the Chairman of the Central Board of Excise and Customs has no statutory duties in respect of the matter, I was not inclined to direct disposal of Ext.P11. But, I directed the learned standing counsel for the Central Board of Excise and Customs to inform this Court as to within what time the competent officer of the Customs Department can pass an order on the claim of the petitioner for reshipment of the consignment to Cochin. Learned standing counsel today submits that the W.P(C) No. 6474 of 2012 -: 2 :- same can be done within two weeks, if the petitioner co- operates.
Accordingly, this writ petition is disposed of with a direction to the officer competent to pass orders on Ext.P11 request of the petitioner for reshipment of the consignment to Cochin, to pass a speaking order on the same, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a copy of this judgment.
Sd/- S. Siri Jagan, Judge.
Tds/