IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 1962 of 2009(H) -------------------------------------------- PETITIONER(S): ---------------------- SHAHAJAS HASSAN KURIKKAL, MANAGING DIRECTOR, M/S. KURIKKAL EXPORTS PVT. LTD., CITY TOWER, PANDIKKAD ROAD, MANJERI, MALAPPURAM, REPRESENTED BY POWER OF ATTORNYE HOLDER MOHAMED KURIKKAL. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): ------------------------- 1. COMMISSIONER (ARREARS SECTION), THE DEPUTY CUSTOMS HOUSE, COCHIN. 2. THE COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, COCHIN. 3. ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT, U.K. SANKUNNY ROAD, KOZHIKODE. 4. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, ERNAD. 5. THE DISTRICT COLLECTOR, MALAPPURAM. 6. GOVERNMENT OF KERALA, REP. BY COMMISSIONER & SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM. W.P.(C).NO.1962/09 H 7. UNION GOVERNMENT OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, CENTRAL SECRETARIAT, NEW DELHI. R1 TO R3 & R7 BY ADV. SRI.JOHN VARGHESE,SC. R4 TO R6 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 1962 OF 2009 H -------------------------------------- Dated this the 23rd January, 2009 JUDGMENT I heard the learned counsel for the petitioner and Shri John Varghese, learned standing counsel appearing on behalf of respondents 1 to 3 and 7. Learned Government Pleader appears for respondents 4 to 6. 2. When the matter came up today, Shri John Varghese would point out that actually there was a show cause notice in relation to the petitioner claiming ineligible draw back and an order was passed on 21.11.2000. Petitioner has carried the matter in Appeal and the Appeal was dismissed. The Appellate Authority (Commissioner (Appeals)) has passed an order rejecting the Appeal on 28.10.2003. He further points out that the remedy, if any, is to file Appeal before the Tribunal and to seek condonation of delay. I record this submission and make it clear that it is for the petitioner to work out its remedies in the appropriate Forum by seeking and getting copies and taking WPC.1962/09 H 2 appropriate steps. Without prejudice to any right the petitioner has in law, the Writ Petition is disposed of. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge