Disposed

The Commissioner of Customs v. Khader Yousuf

Kerala HC11 Nov 2013RP/910/2013

Case brief

AI extract

What is this about?

Review Petition filed challenging a direction referring an issue to the Central Pollution Control Board. Court clarified that the Commissioner of Customs was the competent authority and disposed of the plea.

What did the court decide?

The Review Petition was disposed of; the competent authority was clarified as the Commissioner of Customs with a direction to finalize proceedings within one month.

The Commissioner of Customs Vs Khader… — Constitutional and Fundamental Rights | Kerala HC (2013)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

¶4

MONDAY, THE 11TH DAY OF NOVEMBER 2013/20TH KARTHIKA, 1935

¶5

RP.No. 910 of 2013 () IN WP(C).17774/2013

¶6

(AGAINST THE ORDER/JUDGMENT IN WP(C) 17774/2013 of HIGH COURT OF KERALA DATED 26-09-2013)

¶7

REVIEW PETITIONERS/1ST AND 2ND RESPONDENTS

¶8

THE COMMISSIONER OF CUSTOMS CUSTOMS HOUSE, WILLINGTON ISLAND, KOCHI - 682 009.

¶9

ADDITIONAL COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, WILLINGTON ISLAND KOCHI - 682 009.

¶10

BY ADV. SRI.SAIBY JOSE KIDANGOOR

¶11

RESPONDENTS/PETITIONER & 3RD RESPONDENT.:

¶12

KHADER YOUSUF,, AGED 55 YEARS SON OF D.K.KHADER, UDAYA SOUND, PULLEPADY COCHIN - 682 018.

¶13

CENTRAL POLLUTION CONTROL BOARD, REPRESENTED BY ITS MEMBER SECRETARY, PARIVESH BHAWAN EAST ARJUN NAGAR, NEW DELHI - 110 032.

¶14

BY SRI.P.B.SAHASRANAMAN BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA

¶15

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 11-11-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

P.R. RAMACHANDRA MENON, J.

¶17

R.P.No.910 OF 2013 IN W.P.(C)No. 17774 OF 2013

¶18

Dated this the 11^th November, 2013

¶19

O R D E R

¶20

This Review Petition has been filed by the Review Petitioners because of the direction given by this Court as it appears in paragraph '5' , whereby the issue was directed to be adjudicated by the third respondent/competent authority.

¶21

The learned Standing Counsel appearing for the Review Petitioners submits that the competent authority to adjudicate the issue is only the second respondent in the writ petition and not the additional third respondent.

¶22

Heard the learned Counsel for the Review Petitioners as well as the learned Central Government Counsel on behalf of the additional third respondent in the writ petition.

¶23

After hearing both the sides, this Court does not require any second thought to have a finding that the competent authority to consider and finalise the adjudication proceedings is none other than the concerned respondent of the Customs Department and not the additional third respondent/Central

¶24

¶25

R.P.No.910 OF 2013

¶26

Pollution Control Board.

¶27

Reference to the third respondent in paragraph '5' is

¶28

only a typographical error , which is more discernible from the opening sentence itself where mention is made to the 'competent authority', after the slash, appearing after the words 'third respondent'. In any view of the matter , the position is clarified to the effect that the adjudication proceedings have to be finalised by the second respondent to the writ petition, i.e. the second review petitioner in the Review Petition. In view of the said mistake crept in the judgment, since the time has already run out, the competent authority is directed to finalise adjudication proceedings, at the earliest, at any rate, within one month from today.

¶29

The Review Petition stands disposed of.

¶30

P.R.RAMACHANDRA MENON JUDGE

¶31

The Commissioner of Customs v. Khader Yousuf

Case brief

What is this about?

What did the court decide?

The Commissioner of Customs v. Khader Yousuf

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S.Rainbow Events Vs Sreenivasan.v.

Susamma Xavier Vs Mr.Ajith Kumar

Sahadevan Vs State of Kerala

Anees Muhammed.P.a. Vs Valsamma Karunakaran

Mambally Abdul Nasar Vs State of Kerala

T.P.Jacob Vs State of Kerala