Writ petition for release of seized goods dismissed. Goods released pursuant to interim order. Petitioner closed as Respondents declined further proceedings.
The present writ petition is closed; no further reliefs granted.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 676 OF 2022
PETITIONER:
KELHOMEIMPEX,
PEEDUKAYIL BUILDING, I/514 I, ALUVA, ERNAKULAM, KERALA
683 101, REPRESENTED BY ITS MANAGING PARTNER, SRI.
NOUSHAD M.M.
BY ADVS.
M.BALAGOPAL
SREEJITH R.NAIR
R.DEVIKA
RESPONDENTS:
1 THE COMMISSIONERATE OF CUSTOMS, CUSTOM HOUSE, WILLINGTON ISLAND, COCHIN, PIN 682 009.2 THE CONTAINER CORPORATION OF INDIA LIMITED, CONTAINER FREIGHT STATION, VALLARPADAM, ERNAKULAM, PIN 682 504, REPRESENTED BY ITS TERMINAL MANAGER, SRI. REJO PETER.BY ADVS.
SRI.THOMAS MATHEW NELLIMOOTTIL, SC, CENTRAL BOARD OF
EXCISE & CUSTOMS
SRI.A.DINESH RAO, SC, RAILWAYS
SRI. THOMAS MATHEW NELLIMOOTTIL-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC No.676 of 2022
2
JUDGMENT
Dated this the 5th day of April, 2024
The present writ petition has been filed by the
petitioner seeking the following prayers:
(a) Issue a writ of mandamus or other appropriate writ, order or direction, directing the 1st respondent to facilitate and enforce the release of the goods covered by Ext.P1 Bill of Entry to the petitioner expeditiously.
(b) Issue a writ of mandamus or other appropriate writ, order or direction directing the 1st respondent to initiate action against the 2nd respondent for the noncompliance of the provisions of the Customs Act, 1962 and the Handling of Cargo in Customs Areas Regulations, 2009.
(c) Issue such other and further reliefs as this Hon’ble Court may deem fit and proper in the interest of justice.
09.02.2022, the goods seized have been released to the petitioner.
WPC No.676 of 2022
3
Considering the said stand of the respondent, nothing survives in this writ petition. Therefore, the present writ petition is closed.
Sd/-
DINESH KUMAR SINGH JUDGE
AP
WPC No.676 of 2022
4
APPENDIX OF WP(C) 676/2022
PETITIONER EXHIBITSExhibit P1 |
TRUEDATEDBEFORE |
COPY26.1THE |
OF THE2.2020RESPOND |
BILL OF ENTRY NO. 2113571FILED BY THE PETITIONERENT. |
|---|---|---|---|---|
Exhibit P2 |
TRUEDATED |
COPY30.12 |
OF THE.2020. |
E-CHALLAN NO. 2033278660 |
Exhibit P3 |
TRUE-C |
COPYUSTOM |
OF THES-0 |
ORDER -IN-GENERAL NO. COC00-COM-20/2020-21DATED |
23.03. |
2021 |
PASSED |
BY THE RESPONDENT. |
|
Exhibit P4 |
TRUECHARGE |
COPYS NO |
OF. CM-25 |
BILLS FOR MISCELLANEOUS4 DATED 23.04.2021 AGAINST |
PAYMENPETITI |
TONER. |
OF RE |
DEMPTION FINE BY THE |
|
Exhibit P4(a) |
TRUENO. COF PEN |
COPYM 253ALTY |
OF BILLDATEDBY THE |
FOR MISCELLANEOUS CHARGES23.04.2021 AGAINST PAYMENTPETITIONER. |
Exhibit P5 |
TRUEDATEDANDBANGAL |
COPY16.0SERVORE I |
OF THE8.2021ICE TN APPEA |
FINAL ORDER NO. 20671/2021PASSED BY CUSTOMS EXCISEAX APPELLATE TRIBUNAL,L NO. C/20388/2021. |
Exhibit P6 |
TRUEPASSED20604 |
COPYBYOF 20 |
OF THETHIS H21. |
JUDGMENT DATED 10.1.2021ON'BLE COURT IN W.P.C NO. |
Exhibit P7 |
TRUEAP(I)2ND RE |
COPYCUS.SPOND |
OF THEDATEDENT BY |
LETTER F. NO.S 30/15/2021-24.11.2021 ISSUED TO THETHE 1ST RESPONDENT. |
Exhibit P7(a) |
TRUETO THRESPON |
COPYE PETDENT. |
OF THEITIONER |
OUT OF CHARGE ORDER ISSUEDON 22.11.2021 BY THE 1ST |
Exhibit P8 |
TRUE25.11.CLEARI |
COPY2021NG AG |
OF TSENTENT TO |
HE TRAILING MAILS DATEDBY THE PETITIONER'STHE 2ND RESPONDENT. |
Exhibit P9 |
TRUE14.12. |
COPY2021 |
OF PTO THE |
ETITIONER'S LETTER DATED1ST RESPONDENT. |
Exhibit P10 |
TRUE |
COPY |
OF THE |
LETTER DATED 18.12.2021 |
ISSUEDTO THE |
BY2ND |
THE OFFRESPOND |
ICE OF THE 1ST RESPONDENTENT. |
KELHOMEIMPEX
THE COMMISSIONERATE OF CUSTOMS
THE CONTAINER CORPORATION OF INDIA LIMITED
DINESH KUMAR SINGH
As recorded by the court registry
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