The High Court of Kerala disposed of two writ petitions filed by an exporter of Shark Fin to regularize its position after a notification prohibiting exports was effectively published, converting the interim order to an absolute order.
The writ petitions were disposed of by making the interim order absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
FRIDAY, THE 10TH DAY OF JULY 2015/19TH ASHADHA, 1937
WP(C).No.4445 of 2015 (E)
PETITIONER:
MARINE FINS,2/266,CALVATHY,KOCHI - 682 001, REPRESENTED BY ITS PROPRIETRIX, FATHIMA BEEVI T.A.
BY ADV.SRI.M.A.ABDUL HAKHIM
RESPONDENT'S:
1. UNION OF INDIA,REPRESENTED BY SECRETARY, MINISTRY OF COMMERCE AND INDUSTRY, UDYOG BHAVAN,NEW DELHI.
2. DIRECTOR GENERAL OF FOREIGN TRADE, DEPARTMENT OF COMMERCE, MINISTRY OF COMMERCE AND INDUSTRY, UDYOG BHAVAN,NEW DELHI.
3. JOINT DIRECTOR OF FOREIGN TRADE, DEPARTMENT OF COMMERCE, MINISTRY OF COMMERCE AND INDUSTRY, 5TH FLOOR,A BLOCK,KENDRIYA BHAVAN,KAKKANAD.
4. DEPUTY COMMISSIONER OF CUSTOMS, COCHIN AIR CUSTOMS,AIR CARGO COMPLEX, COCHIN INTERNATIONAL AIRPORT, NEDUMBASSERY - 683 585.
R1-R3 BY ADV.SRI.N.NAGARESH,ASGI R4 BY SRI.TOJAN J.VATHIKULAM,SC,C.B. EXCISE SRI.THOMAS MATHEW NELLIMOOTTIL,SC,CB EX
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-07-2015, ALONG WITH WP(C) 5151/2015 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
pk
WP(C).No.4445 of 2015 (E)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT-P1-A PHOTOSTAT COPY OF THE CERTIFICATE OF IMPORTEREXPORTER ISSUED BY THE 3RD RESPONDENT.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.S. TO JUDGE
pk
K. VINOD CHANDRAN, J
W.P(C) Nos.4445 of 2015 & 5151 of 2015
Dated this the 10th day of July, 2015
J U D G M E N T
Read the operative portion of the interim order dated
11.03.2015 in W.P(C) No.5151/2015 which is extracted as follows:
The case of the petitioner is that even though the notification is dated 06.02.2015, it was actually printed and published only subsequently. In support
of the said contention the information obtained from the competent authority, by filing petition under the RTI Act, has been produced as Ext.P10, which clearly certified that the material was received in the Government Press on 06.02.2015 and the said notification dated 06.02.2015 was actually printed only on 16.02.2015.
Admittedly, the notification was published in the Gazette only on
16.02.2015. The present writ petitions agitate the case of the
WPC.No.4445/2015 &5151/2015
: 2 :
petitioner, who is an exporter of Shark Fin prior to such
publication of the notification. Definitely that has to be regulated as the law existing then, when there was no prohibition of exports.
Writ petitions hence are disposed of making the interim order
absolute.
Sd/(K. VINOD CHANDRAN, JUDGE)
jma //true copy//
P.A to Judge
MARINE FINS
UNION OF INDIA
DIRECTOR GENERAL OF FOREIGN TRADE
JOINT DIRECTOR OF FOREIGN TRADE
DEPUTY COMMISSIONER OF CUSTOMS
K VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
