Disposed

The Union of India v. M/S. Plus Max Duty Free (Pvt) Ltd.

Kerala HC6 Jul 2018WA/1278/2018

Case brief

AI extract

What is this about?

This court dismissed the writ appeal against an interim order in a writ petition concerning customs action closing a shop. The bench held that the matter required a full hearing on merits by the Single Judge. The appeal was closed without determining merits, leaving the status quo maintained until the lower court decides.

What did the court decide?

Writ appeal closed without interference; status quo continued pending hearing before the Single Judge.

The Union of India Vs M/S. Plus Max Duty Free (Pvt) Ltd. — Banking and Recovery | Kerala HC (2018)

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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 K.VINOD CHANDRAN

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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FRIDAY, THE 6TH DAY OF JULY 2018 / 15TH ASHADHA, 1940

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WA.No. 1278 of 2018

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AGAINST THE ORDER/JUDGMENT IN WP(C) 21063/2018 of HIGH COURT OF KERALA DATED

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26-06-2018

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APPELLANTS/RESPONDENTS 1,5,8 & 9:

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1 THE UNION OF INDIA, REP.BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF

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REVENUE, NEW DELHI - 110 001.

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2 THE CHIEF COMMISSIONER OF CUSTOMS, THIRUVANANTHAPURAM ZONE, CENTRAL REVENUE BUILDING, I.S.

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PRESS ROAD, ERNAKULAM - 682 018.

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3 THE SUPERINTENDENT OF CUSTOMS,

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AIR INTELLIGENCE UNIT, INTERNATIONAL AIRPORT,

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THIRUVANANTHAPURAM - 695 024.

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4 SUPERINTENDENT (BOND) AIR CUSTOMS, INTERNATIONAL AIRPORT, THIRUVANANTHAPURAM - 695 024.

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BY ADV.SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL

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RESPONDENTS/PETITIONER AND RESPONDENTS 2,3,4,6 & 7:

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M/S. PLUS MAX DUTY FREE (PVT) LTD.,

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HAVING REGISTERED OFFICE AT NO. 86/18, ROYAL COMPLEX,

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SANKARI ROAD, SEETHA RAMA PALAYAM, THIRUCHENGODU, NAMAKKAL, TAMIL NADU - 673 209, REPRESENTED BY ITS

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AUTHORIZED SIGNATORY MR. SARAVANAN SUBRAMANI.

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THE AIRPORTS AUTHORITY OF INDIA, RAJIV GANDHI BHAWAN, SAFDARJUNG AIRPORT, BLOCK-A, NEW DELHI - 110 003.

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THE AIRPORTS AUTHORITY OF INDIA, REGIONAL HEAD QUARTERS-SOUTHERN REGION, CHENNAI AIRPORT, CHENNAI - 600 027.

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THE AIRPORTS AUTHORITY OF INDIA, TRIVANDRUM INTERNATIONAL AIRPORT, THIRUVANANTHAPURAM - 695 008.

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W.A NO. 1278 OF 2018 ::2::

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MR.SUMIT KUMAR, THE COMMISSIONER OF CUSTOMS (PREVENTIVE), 5TH FLOOR, CATHOLIC CENTRE, BROADWAY, COCHIN, ERNAKULAM - 682 031.

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MR. VIVEK VASUDEVAN NAIR, SUPERINTENDENT OF CUSTOMS, 5TH FLOOR, CATHOLIC CENTRE, BROADWAY, COCHIN, ERNAKULAM - 682 031.

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R1 SRI SATISH PARASARAN, SR. (INSTRUCTING COUNSEL SRI SUBHANG P NAIR) R1 BY ADV. SRI.C.P.MOHAMMED NIAS

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R2-R4 BY ADV. SRI.V.SANTHARAM

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R6 BY ADV. SRI.SASTHAMANGALAM AJITHKUMAR, PP FOR CUSTOMS,COCHIN COMMISSIONERATE

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A NO. 1278/2018 ::3::

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APPENDIX

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APPELLANTS ANNEXURES:

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--------------------ANNEXURE 1: TRUE COPY OF THE COMMUNICATION GIVEN BY NOWFAL NAZEER DT 17.04.2018 ANNEXURE 2: TRUE COPY OF THE COMMUNICATION GIVEN BY AARATHY DT 17.04.2018 ANNEXURE 3: TRUE COPY OF THE COMMUNICATION GIVEN BY NITHIN GEORGE PHILIP DT 18.04.2018 ANNEXURE 4: TRUE COPY OF THE COMMUNICATION GIVEN BY MOHAMMED HUSSAIN DT 18.04.2018 ANNEXURE 5: TRUE COPY OF THE COMMUNICATION GIVEN BY SUDHIR SUNDARA RAJ DT 18.04.2018 ANNEXURE 6: TRUE COPY OF THE COMMUNICATION GIVEN BY NUJUB ABDUL KAREEM ANNEXURE 7: TRUE COPY OF THE COMMUNICATION GIVEN BY ASWATHY VISHAL ANNEXURE 8: TRUE COPY OF THE COMMUNICATION GIVEN BY HABEESHA FEROSE DT 04.05.2018

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RESPONDENTS ANNEXURES: NIL

TRUE COPY

P.A TO JUDGE

jma

K. VINOD CHANDRAN & ASHOK MENON, JJ.

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W.A No. 1278 of 2018

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Dated this the 06^th day of July, 2018

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J U D G M E N T

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K. Vinod Chandran, J.

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After having read through the order of the learned

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Single Judge, we are of the opinion that the matter itself should

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be heard and there should be a quietus to the issue. The learned Single Judge has specifically held in the order that on a prima

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facie finding it is not proper for the shop to remain closed especially in the wake of Ext.P21 order. The learned Assistant Solicitor General appearing for the appellant argues that Ext. P21 is without authority and that Ext.P18, which is an exercise of a statutory function cannot be interfered with lightly by the

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Superior Officer. The learned Senior Counsel appearing for the

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W.A No.1278/2018

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respondent however submits that Section 5 of the Customs Act,

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1962 specifically empowers such an action by a Superior Officer.

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In any event, these all are matters which have to be

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gone into on a consideration of the writ petition itself. The appeal is against the interim order and we do not intend to pre-empt the learned Single Judge from a proper consideration of the entire

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facts and circumstances as also the law applicable. It would be a futile exercise according to us, if we hear the appeal since whether we interfere with the order or not, there has to be a

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remand made.

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In such circumstances, we are of the opinion that

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the parties should approach the learned Single Judge to get an expeditious hearing. The learned Assistant Solicitor General undertakes that a counter affidavit will be filed in the writ petition by Tuesday next. The parties could move the writ petition

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W.A No.1278/2018

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before the learned Single Judge and request for expeditious

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hearing. We make it clear that we have not looked into the

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merits of the matter at all and had just recorded the submissions made across the Bar.

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The writ appeal would stand closed, but, however making it clear that till the learned Single Judge hears the

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matter, status quo will continue. There is no order as to costs.

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Sd/-

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K. VINOD CHANDRAN, JUDGE.

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Sd/ASHOK MENON, JUDGE.

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jma

The Union of India v. M/S. Plus Max Duty Free (Pvt) Ltd.

Case brief

What is this about?

What did the court decide?

The Union of India v. M/S. Plus Max Duty Free (Pvt) Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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