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Kerala High Court

Bijumon T.A vs Director General Of Foreign Trade on 6 February, 2015

Author: P.B. Suresh Kumar

Bench: P.B.Suresh Kumar

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                            PRESENT:

                      THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

                THURSDAY, THE 23RD DAY OF JUNE 2016/2ND ASHADHA, 1938

                                   WP(C).No. 16336 of 2016 (N)
                                      ----------------------------
PETITIONER :
------------------------

                     BIJUMON T.A.,
                     AGED 32 YEARS, S/O.ABDUL SALAM,
                     PROPRIETOR, TAS MARINE TRADERS,
                     CC 7/326 A, DARUSSALAM ROAD,
                     PANAYAPPILLY, KOCHI - 680 002.

                     BY ADVS.SRI.YASH THOMAS MANNULLY
                               SRI.G.SANTHOSH KUMAR

RESPONDENTS :
--------------------------

        1.           DIRECTOR GENERAL OF FOREIGN TRADE
                     DEPARTMENT OF COMMERCE,
                     MINISTRY OF COMMERCE AND INDUSTRY,
                     UDYOG BHAVAN, NEW DELHI - 110 001.

        2.           DEPARTMENT OF REVENUE
                     REPRESENTED BY THE SECRETARY,
                     MINISTRY OF FINANCE,
                     GOVERNMENT OF INDIA,
                     NORTH BLOCK, NEW DELHI - 110 001.

        3.           DEPARTMENT OF FISHERIES
                     REPRESENTED BY THE SECRETARY,
                     GOVERNMENT OF KERALA, SECRETARIAT,
                     THIRUVANANTHAPURAM - 695 001.

                     R1 & R2 BY SRI.N.NAGARESH,
                                  ASSISTANT SOLICITOR GENERAL OF INDIA
                     R3 BY GOVT. PLEADER SRI. GIKKU JACOB

                     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
                     ON 23-06-2016, THE COURT ON THE SAME DAY DELIVERED THE
                     FOLLOWING:
Mn
                                                                             ...2/-

WP(C).No. 16336 of 2016 (N)
----------------------------------------

                                                      APPENDIX

PETITIONER(S)' EXHIBITS :
-----------------------------------------

EXT. P1              TRUE COPY OF CERTIFICATE OF IMPORTER-EXPORTER CODE
                     ISSUED BY THE JOINT DIRECTOR GENERAL OF FOREIGN TRADE.

EXT. P2              TRUE COPY OF REGISTRATION AS AN EXPORTER ISSUED BY THE
                     MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY, KOCHI.

EXT. P3              TRUE COPY OF NOTIFICATION DATED 06.02.2015 NUMBERED
                     110(RE-2013)/2009-2014.

EXT. P4              TRUE COPY OF INTERIM ORDER DATED 10.02.2016 IN
                     W.P.(C)NO.5034 OF 2016.

EXT. P5              TRUE COPY OF JUDGMENT DATED 09.03.2016 IN W.P.(C)
                     NO.5034 OF 2016.

EXT. P6              TRUE COPY OF PURCHASE ORDER DATED 04.03.2016 GIVEN BY
                     KAMEX TRADING LIMITED, HONG KONG.

EXT. P7              TRUE COPY OF PURCHASE ORDER DATED 22.02.2016 GIVEN
                     BROTHER HOLDING GROUP LIMITED, HONG KONG.

EXT. P8              TRUE COPY OF JUDGMENT DATED 11.03.2016 IN W.P.(C)
                     NO.9480 OF 2016 OF THIS HON'BLE COURT.

EXT. P9              TRUE COPY OF REPRESENTATION DATED 9-5-2016 SUBMITTED TO
                     RESPONDENTS NO.1 AND 2.

EXT. P10             TRUE COPY OF POSTAL RECEIPTS DATED 9-5-2016 AND POSTAL
                     TRACK RECORD OF INDIA POST.

EXT. P11             TRUE COPY OF EMAIL COMMUNICATION DATED 6-5-2016 AND 7-5-2016
                     RECEIVED BY THE PETITIONER.

RESPONDENT(S)' EXHIBITS :                        NIL
-------------------------------------------------------


                                                                    //TRUE COPY//


                                                                    P.A. TO JUDGE
Mn



                  P.B. SURESH KUMAR, J.

           ------------------------------------------------

                W.P.(C).No. 16336 of 2016

           ------------------------------------------------

          Dated this the 23rd day of June, 2016


                           JUDGMENT

The limited prayer made by the learned counsel for the petitioner, when this matter was taken up for admission, is for a direction to the first respondent to consider Ext.P9 representation within a time frame. Ext.P9 is a representation preferred by the petitioner to the first respondent as permitted by this Court in Ext.P5 judgment.

2. Having regard to the facts and circumstances of the case, I deem it appropriate to direct the first respondent to consider Ext.P9 representation within a time frame.

In the result, the writ petition is disposed of directing the first respondent to consider and pass orders on Ext.P9 W.P.(C).No. 16336 of 2016 -2- representation within four weeks from the date of receipt of a copy of this judgment after affording the petitioner an opportunity for hearing. The petitioner is free to produce a copy of this judgment for compliance before the first respondent.

Sd/-

P.B. SURESH KUMAR JUDGE bpr