Two importers had challenged customs-related action concerning cement consignments. Counsel submitted the petitions had become infructuous and the court dismissed both writ petitions as infructuous without deciding any substantive issue.
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 GOPINATH P.
MONDAY, THE 8TH DAY OF JANUARY 2024 / 18TH POUSHA, 1945
WP(C) NO. 5791 OF 2019
PETITIONER/S:
SHAMEER DAWOOD, AGED 44 YEARS
S/O. DAWOOD SAHIB, R/O NP III/242, CHAMAVILA,
KADAVOOCHIRA, KALLAMBALAM, TRIVANDRUM 695 605, MANGING
PARTNER OF M/S. INDIANA STEEL CORPORATION AP
X/856 ,KANIYAPURAM, PALLIPURAM, P.O.,
TRIVANDURM 695 316.
BY ADVS.
P.A.AUGUSTIAN
SRI.M.A.BABY
SMT.LINDA.M.J.
SMT.CIMY VARGHESE
RESPONDENT/S:
1 DEPUTY SECRETARY, GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NEW DELHI 110 001.2 COMMISSIONER OF CUSTOMS,CUSTOMS HOUSE, WILLINGTON ISLAND, COCHIN-9.3 CHAIRMAN, COCHIN POST TRUST,WILLINGTON ISLAND, COCHIN-094 ADDL.R4-THE MANAGER,CONTAINER CORPORATION OF INDIA LTD, CONTAINER FREIGHT STATION, NH-47C, OPPOSITE KTT,VALLARPADAM-682504(ADDL.R4 IS IMPLEADED AS PER ORDER DATED 20.6.2019 IN IA.NO.2/2019 IN WP(C))BY ADVS.
SRI.P.R.SREEJITH, SC, CENTRAL BOARD OF EXCISE AND
CUSTOMS
SRI.V.ABRAHAM MARKOS
SRI.PMM.NAJEEB KHAN
SHRI.P.VIJAYAKUMAR, ASG OF INDIA
SRI.ABRAHAM JOSEPH MARKOS
SRI.ISAAC THOMAS
SHRI.ALEXANDER JOSEPH MARKOS
SHRI.SHARAD JOSEPH KODANTHARA
SHRI.S MANY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2024, ALONG WITH WP(C).5814/2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.5791 & 5814 of 2019 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 8TH DAY OF JANUARY 2024 / 18TH POUSHA, 1945 WP(C) NO. 5814 OF 2019
PETITIONER/S:
M/S. STEEL HOUSE, MC ROAD, KALADY-683574, REPRESENTED BY
ITS PROPRIETRESS SMT.FATHIMA, AGED 54 YEARS,
W/O ABDUL KHADER, R/O MUNDETH HOUSE, KALADY.
BY ADVS.
P.A.AUGUSTIAN
SRI.M.A.BABY
SMT.LINDA.M.J.
SMT.CIMY VARGHESE
RESPONDENT/S:
1 DEPUTY SECRETARY, GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE NEW DELHI.2 COMMISSIONER OF CUSTOMS,CUSTOMS HOUSE, WILLINGTON ISLAND, COCHIN-9.3 CHAIRMAN,COCHIN PORT TRUST, WILLINGTON ISLAND,COCHIN-09. 4 ADDL R4. THE MANAGER M/S.GATEWAY DISTRIPARKS(KERALA) CONTAINER FREIGHT STATION VALLARPADAM-682 504 IMPLEADED ON ADDITIONAL R4 AS PER ORDER DATED 20-06-2019 IN IA 2/2019BY ADVS.
SRI.P.R.SREEJITH, SC, CENTRAL BOARD OF EXCISE AND
CUSTOMS
SRI.V.ABRAHAM MARKOS
SRI.ABRAHAM JOSEPH MARKOS
SRI.ENOCH DAVID SIMON JOEL
SHRI.P.VIJAYAKUMAR, ASG OF INDIA
SRI.RONY JOSE
SRI.ISAAC THOMAS
SHRI.ALEXANDER JOSEPH MARKOS
SHRI.SHARAD JOSEPH KODANTHARA
SHRI.S MANY
SHRI.PMM NAJEEB KHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2024, ALONG WITH WP(C).5791/2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.5791 & 5814 of 2019 3
UDGMENT
[WP(C) Nos.5791/2019, 5814/2019]
When these writ petitions are taken up for consideration today, learned counsel appearing for the petitioner in both the cases would submit that the writ petitions have become infructuous. Accordingly, the writ petitions are dismissed as infructuous.
Sd/-
GOPINATH P.
JUDGE
ajt
WP(C) Nos.5791 & 5814 of 2019 4
APPENDIX OF WP(C) 5814/2019
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE TRANSMISSION RECEIPT ISSUED
BY ICICI BANK REGARDING PAYMENT OF USD 44,520
TO M/S BG KHAN CEMENT COMPANY LTD.
EXHIBIT P2TRUE COPY OF THE TRANSMISSION RECEIPT ISSUED
BY ICICI BANK REGARDING PAYMENT OF USD 13440
TO M/S ATTOCK CEMENT PAKISTAN LTD.
EXHIBIT P3TRUE COPIES OF THE INVOICES DATED 2.2.2019
CERTIFICATE OF ORIGIN AND QUALITY CERTIFICATE
EXHIBIT P4TRUE COPIES OF THE B/L DATED 11.2.19 AND LIST
OF 20 CONTAINERS UNDER ABOVE B/L
EXHIBIT P5TRUE COPY OF THE NOTIFICATION NO.5/2019 DATED
16.2.19
EXHIBIT P6TRUE COPY OF THE COMMUNICATION MADE BY THE
PETITIONER TO THE OVERSEAS SUPPLIER
EXHIBIT P7TRUE COPIES OF THE REPRESENTATION DATED
20.2.19
RESPONDENT EXHIBITS
EXHIBIT R4(a)A TRUE COPY OF THE CERTIFICATE DATED
25.05.2019 ISSUED BY THE VALUER APPOINTED BY
THE ADDITIONAL 4TH RESPONDENT.
EXHIBIT R4(b)A TRUE COPY OF THE LETTER DATED 25.06.2019
SUBMITTED BY THE PETITIONER TO THE 2ND
RESPONDENT.
EXHIBIT R4(c)A TRUE COPY OF THE LETTER NUMBERED AS
F.NO.S32/160/2013 APP(I) AND DATED
31.07.2019.
WP(C) Nos.5791 & 5814 of 2019 5
APPENDIX OF WP(C) 5791/2019
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE TRANSMISSION RECEIPT.
EXHIBIT P2TRUE COPIES OF THE INVOICES DATED 25.1.19,
CERTIFICATE OF ORIGIN AND QUALITY
CERTIFICATE.
EXHIBIT P3TRUE COPIES OF THE BILL OF LANDING NOS.
KCOKMLO7178, KCOKML 07179 AND KCOKML 07177
ALL DATED 8.2.19.
EXHIBIT P4TRUE COPY OF THE NOTIFICATION NO. 5/2019
DATED 16.2.19
EXHIBIT P5TRUE COPY OF THE REPRESENTATION DATED
21.2.19.
Shameer Dawood
M/s. Steel House, represented by its proprietress Smt. Fathima
Deputy Secretary, Government of India, Ministry of Finance, Department of Revenue
Commissioner of Customs, Cochin
Chairman, Cochin Port Trust
Gopinath P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court