Allowed

M/S.Cochin Air Cargo Clearing House v. Commissioner of Customs, Thiruvananthapuram

Kerala HC17 Sept 2014WP(C)/12121/2014

Case brief

AI extract

What is this about?

The Kerala High Court allowed the writ petition filed by a customs broker challenging its inability to obtain Form C endorsement for the Trichy Airport due to pending suspension proceedings. The court revoked the rejection, directing respondents to grant the endorsement within three weeks, subject to the outcome of pending revocation proceedings.

What did the court decide?

The writ petition is allowed with a direction to the respondents to make endorsement in Form C to enable the petitioner to operate as a customs broker at Trichy International Airport within three week

M/S.Cochin Air Cargo Clearing House Vs Commissioner of… — Customs and Excise | Kerala HC (2014)

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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 A.MUHAMED MUSTAQUE

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WEDNESDAY, THE 17TH DAY OF SEPTEMBER 2014/26TH BHADRA, 1936

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WP(C).No. 12121 of 2014 (M)

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PETITIONER :

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

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M/S.COCHIN AIR CARGO CLEARING HOUSE, 24/1290, OLD VOLTA COMPOUND, W/ISLAND COCHIN 682 003 REPRESENTED BY ITS MANAGING PARTNER SMT KOCHURANI

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BY ADVS.SRI.P.A.AUGUSTIAN

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SRI.M.A.BABY

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RESPONDENTS :

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

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1. COMMISSIONER OF CUSTOMS, OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS, PRESS CLUB ROAD, ICE BHAVAN, THIRUVANANTHAPURAM PIN 695 001

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2. COMMISSIONER OF CUSTOMS NO 1 WILLINGTON ROAD, CONTONMENT TIRUCHERAPALLI 620 001

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R1 & R2 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL,SC,

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/8/2014 , THE COURT ON 17-09-2014 DELIVERED THE FOLLOWING:

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WP(C).No. 12121 of 2014 (M)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1: A TRUE COPY OF THELICENSE NO 01/2012 DATED 12-01-2012.

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EXHIBITP2: TRUE COPY OF THE LETTER DATED 08/08/2013.

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EXHIBIT P3: TRUE COPY OF THE MISC.ORDER NO 27414/2013 DATED 14/10/2013.

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EXHIBIT P4: TRUE COPY OF THE LETTER C NO VIII/13/08/2013-CUS POL DATED 13/11/2013

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EXHIBIT P5: TRUE COPY OF THE LETTER DATED 20/11/2013.

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EXHIBIT P6: TRUE COPY OF THE LETTER C NO VIII/13/2013 CUS POL DATED 03/12/2013

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EXHIBIT P7: TRUE COPY OF THE LETTER DATED 16-12-2013

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RESPONDENT(S)' EXHIBITS :

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EXHIBIT R(a): COPY OF LETTER DT 1/10/2013.

//TRUE COPY//

P.A. TO JUDGE

A.MUHAMED MUSTAQUE, J.

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= = = = = = = = = = = = = WP(C).No.12121 of 2014.

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= = = = = = = = = = = = =

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Dated this the 17^th day of September, 2014.

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J U D G M E N T

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The petitioner is a customs broker having a mother

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licence in form B. In form C, in terms of Regulation 7(2) of the Customs Brokers Licence Regulation, 2013, the petitioner made a request to the 2^nd respondent to make endorsement in the Customs Brokers licence to enable them to operate as a customs broker at Air Cargo Terminal of Trichy International Airport. This has been rejected by Ext.P6 stating that proceedings relating to the suspension of petitioner's customs broker licence is pending. It is challenging the said proceedings this writ petition is filed.

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Admittedly, petitioner's customs broker licence has been suspended. However, order of suspension has been revoked. It is also appears that proceedings are initiated to revoke customs broker licence. The establishment has also approached CESTAT, Bangalore challenging revocation of suspension.

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WP(C).No.12121/2014.

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I am of the view suspension of petitioner's licence has been revoked by a competent officer and proceedings initiated against the petitioner to revoke licence is only at preliminary stage and therefore non consideration of the form C endorsement for operating at Trichy Airport is unsustainable. Admittedly, the petitioner is operating at other Airports. Therefore, petitioner's request for form C endorsement to operate at Trichy International Airport ought to have been accepted subject to out come of any pending proceedings to revoke the licence. Accordingly, this writ petition is allowed. There shall be a direction to the respondents to make endorsement in form C to enable the petitioner to operate as a customs broker at Trichy International Airport. Needful shall be done within a period of three weeks from the date of receipt of a copy of this Judgment. However this will be subject to any decision to revoke mother licence.

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Sd/A.MUHAMED MUSTAQUE, (Judge)

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Kvs/-

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// true copy //

M/S.Cochin Air Cargo Clearing House v. Commissioner of Customs, Thiruvananthapuram

Case brief

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M/S.Cochin Air Cargo Clearing House v. Commissioner of Customs, Thiruvananthapuram

Case brief

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