Madras High Court
M/S.A.M.Ahamed And Co vs The Commissioner Of Customs on 15 October, 2012
Author: Vinod K.Sharma
Bench: Vinod K.Sharma
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15/10/2012 CORAM THE HONOURABLE MR. JUSTICE VINOD K.SHARMA W.P.(MD)No.12046 of 2012 and M.P(MD)No.1 of 2012 M/s.A.M.Ahamed and Co represented by its General Manager, Mr.M.Ahmed Ashraf, No.15, Pereira Street, Tuticorin - 628 001. ..Petitioner Vs The Commissioner of Customs, Custom House, Tuticorin - 628 004. ..Respondents. Prayer Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records pertaining to the impugned order, dated 6.9.2012, passed in C.No.VIII/13/18/2001-CHAL by the respondent and to quash the same. !For Petitioner ...M/s.Hari Radhakrishnan ^For Respondent ...Mr.R.Aravindan :ORDER
The petitioner prays for issuance of a Writ in the nature of Certiorari to quash the order No. C.No.VIII/13/18/2001-CHAL, dated 06.09.2012 passed by the Commissioner of Customs, Customs House, Tuticorin.
2. The regulation 21 of the Customs House licence reads as under:
Regulation 21. Prohibition.-- Notwithstanding anything contained in regulation 22, the Commissioner of Customs may prohibit any customs House Agent from working in one or more Sections of the Customs Station, if he is satisfied that such Customs House Agent has not fulfilled his obligations as laid down under regulation 13 in relation to work in that Section or Sections.
3. The impugned order is challenged only on the ground that before passing the prohibitory order against the petitioner, an opportunity of hearing was not given to the petitioner.
4. On notice, the Writ Petition is opposed the learned counsel for the respondent on the ground that the order under Regulation 21 is in the nature of interlocutory order for want of jurisdiction of the authorities to pass order of revocation or suspension, therefore no show-cause notice is required to be issued.
5. On consideration, I find that the impugned order cannot be sustained. The order of prohibition is a final order passed by the authority not vested any power to exercise of jurisdiction under Regulation 22.
6. It is now well-settled law that even administrative orders which affects the rights of a party can be passed only by following the principles of natural justice. That Order under Regulation 21 was passed in violation of principles of natural justice on the face of it is arbitrary and thus not sustainable in law.
7. The writ Petition accordingly is allowed. The impugned order is set aside. However, liberty is granted to the respondent to pass fresh order in accordance with law, after giving opportunity of hearing to the petitioner.
8. Consequently, connected Miscellaneous petition is closed. No costs.
vsn To The Commissioner of Customs, Custom House, Tuticorin - 628 004.