Disposed

M/S.Happy Collections v. Commissioner of Customs (Appeals)

Kerala HC4 Feb 2011WP(C)/2996/2011

Case brief

AI extract

What is this about?

Petitioner sought writ intervention arguing the Commissioner of Customs (Appeals) office was vacant, delaying their appeal. Court noted submission by respondents that an officer is posted and will soon take charge, rendering intervention unnecessary.

What did the court decide?

Court directed the officer who takes charge to hear the interlocutory application within 3 weeks.

M/S.Happy Collections Vs Commissioner of Customs… — Writ and Judicial Review | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

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FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932

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WP(C).No. 2996 of 2011(Y)

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PETITIONER:

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M/S.HAPPY COLLECTIONS, XL/3586/B, ITTOOP TOWERS, JEWS STREET, ERNAKULAM-682 031, REP. BY ITS MANAGING PARTNER.

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BY ADV. SRI.M.S.SAJEEV KUMAR.

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RESPONDENTS:

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1. COMMISSIONER OF CUSTOMS(APPEALS), CUSTOM HOUSE, WILLINGDON ISLAND, COCHIN-682 009.

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2. COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, WILLINGDON ISLAND, COCHIN-682 009.

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3. THE ADDITIONAL COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, WILLINGDON ISLAND, COCHIN-682 009.

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R1 TO R3 BY ADV. SRI.TOJAN J.VATHIKULAM, S.C.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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prv.

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ANTONY DOMINIC, J.

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W.P.(C) NO.2996 OF 2011(Y)

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Dated this the 4^th day of February, 2011

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J U D G M E N T

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Petitioner is aggrieved by Ext.P1 order in so far as it orders absolute confiscation of toys imported by them from China. Against that order petitioner filed Ext.P2 appeal accompanied by Ext.P3 application for an interlocutory order. Both Exts.P2 and P3 are pending consideration of the first respondent. In the meantime petitioner approached this court complaining that the office of the first respondent is lying vacant and therefore there is no possibility of the appeal being heard. For that reason petitioner seeks the interference of this court.

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Standing counsel appearing for the respondents on instruction submits that an Officer has been posted and he will soon be taking charge. Now that such a submission has been made, I do not think it necessary for this court to entertain the writ petition.

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Taking note of the aforesaid submission I direct that the Officer who takes charge as first respondent will hear, if not Ext.P2 appeal, at least Ext.P3 interlocutory application filed by the petitioner at any rate within 3 weeks from today and orders thereon will be passed immediately thereafter.

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WPC.No. 2996/2011

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:2 :

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Writ Petition is disposed of as above.

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(ANTONY DOMINIC, JUDGE)

M/S.Happy Collections v. Commissioner of Customs (Appeals)

Case brief

What is this about?

What did the court decide?

M/S.Happy Collections v. Commissioner of Customs (Appeals)

Case brief

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