IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 20628 of 2011(C) ---------------------------------------- PETITIONER(S): ------------------------ M/S.DECCAN ENTERPRISES, REPRESENTED BY ITS PROPRIETOR ANAND GANDHI 1-3-C2, KAVADIGUDA, HYDERABAD 500 080. BY ADVS. SRI.P.A.AUGUSTIAN, SRI.T.R.JAGADEESH, SRI.V.K.SATHYANATHAN, SMT.V.VIJITHA, SRI.T.S.BIJU, SRI.M.A.BABY. RESPONDENT(S): ---------------------------- 1. COMMISSIONER OF CUSTOMS CUSTOM HOUSE, WILLINGTON ISLAND, KOCHI 682 009. 2. COMMISSIONER OF CUSTOMS (APPEALS) CUSTOM HOUSE, WILLINGTON ISLAND, KOCHI 682 009. R1 & R2 BY ADV. SRI.JOHN VARGHESE,SC,CEN.BOARD OF EXCISE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.20628/2011 C APPENDIX PETITIONER'S EXHIBITS: P1: REPORT SUBMITTED BY M/S. BEST MULYANKAN CONSULTANTS LTD., MUMBAI. P2: COPY OF THE LETTER DTD. 01/04/2011. P3: COPY OF THE ORDER - IN - ORIGINAL NO.51/2011 DGD. 26/05/2011. P4: COPY OF THE JUDGMENT DTD. 22/12/2010 IN W.A.NO.2122 OF 2010. P5: COPY OF THE ORDER NO.633-636/11 DTD. 06/06/11. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 20628 OF 2011 ----------------------------------------------------- Dated this the 18th day of August , 2011 J U D G M E N T This writ petition has been filed seeking release of certain goods confiscated by the customs officials. A Departmental Appeal filed by the petitioner is pending consideration before the Commissioner(Appeals). Mainly complaining that there is no incumbent in the office of the Appellate Authority and therefore inordinate delay has been caused in the disposal of the appeal, this writ petition is filed. 2. Today when the matter came up the learned Standing Counsel appearing for the respondents produced Office Order No.II/39/11/2010-CC-KZ-1 dated 17.8.2011 issued by the Chief Commissioner of Central Excise, Customs and Service Tax(Kerala Zone), which reads as under: W.P.(C) No. 20628 OF 2011 :2 : “Shri.V.P.C.Rao, Commissioner of Central Excise, Customs and Service Tax, Calicut is relieved from the present charge with immediate effect to take charge as Commissioner of Central Excise, Customs and Service Tax (Appeals), Cochin in terms of Office Order No.78/2011 dated 3.5.2011 issued by the Central Board of Excise and Customs, New Delhi. Smt.Rama Mathew, Commissioner of Central Excise, Customs and Service Tax, Cochin will hold additional charge of Commissioner of Central Excise, Customs and Service Tax, Calicut till further orders.” 3. Since such an Office Order has been issued, according to the learned counsel for the respondents, the appeal itself will be considered expeditiously. W.P.(C) No. 20628 OF 2011 :3 : 4. In that view of the matter, I do not think that this court will be justified in entertaining the writ petition or considering the prayers of the writ petitioner. Accordingly the writ petition is disposed of directing that the appeal filed by the petitioner against Ext.P3 order shall be heard and disposed of by the Commissioner (Appeals) as expeditiously as possible at any rate within four weeks from the date of production of a copy of this judgment. ANTONY DOMINIC, JUDGE ul/-