IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 WP(C).No. 6513 of 2011(L) ------------------------- PETITIONER: ------------------ M/S.MRIDUL SILKS, SHOP NO.T-2, 3RD FLOOR, MARUTI AVENUE, 38-BASAVANA LANE, AVENUE ROAD CROSS, BANGALORE-560 002, REPRESENTED BY ITS PROPRIETOR, SHRI.BRIJESH MODI. BY ADV. SRI.M.S.SAJEEV KUMAR RESPONDENTS: --------------------- 1. DIRECTOR GENERAL OF FOREIGN TRADE, OFFICE OF THE DIRECTORATE GENERAL OF FOREIGN TRADE, C & E WING, 6TH FLOOR, KENDIRYA SADAN, 7TH MAIN, 2ND BLOCK, KORAMANGALA, BANGALORE-560 034. 2. JOINT DIRECTOR GENERAL OF FOREIGN TRADE, OFFICE OF THE DIRECTORATE GENERAL OF FOREIGN TRADE, C & E WING, 6TH FLOOR, KENDIRYA SADAN, 7TH MAIN, 2ND BLOCK, KORAMANGALA, BANGALORE-560 034. 3. COMMISSIONER OF CUSTOMS CUSTOM HOUSE, WILLINGDON ISLAND, COCHIN-682 009. BY SRI.P.PARAMESWARANNAIR ASG, FOR R1&R2 ADV. SRI.JOHN VARGHESE,SC,CEN.BOARD OF EXCISE FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jkk P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.6513 of 2011 -------------------------- Dated this the 14th March, 2011 J U D G M E N T The petitioner has approached this Court seeking for issuance of a writ of mandamus directing the 2nd respondent to issue a copy of the order bearing No.07/76/CUSIIBC/AM10 dated 26.2.2010 to the petitioner, within a time limit. 2. In spite of serving copy to the Assistant Solicitor General on behalf of the respondents 1 and 2, there is no representation. Third respondent is represented before this Court through Mr.John Varghese, who brings it to the notice of this Court that there is no prayer against the 3rd respondent. 3. As borne by the contents of the writ petition, the 3rd respondent passed Ext.P1, ordering confiscation of the goods under Section 113 (d), (e), (h) and (i) of the Customs Act and also ordered confiscation of packing materials under Section 118 (b) of the Customs Act. It is stated that, the petitioner has already preferred statutory appeal against Ext.P1 and the same is pending before the W.P (C) No. 6513 of 2011 2 Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Bangalore. 4. The grievance of the petitioner is that, when the petitioner, after passing Ext.P1, approached the 2nd respondent for issuance of a fresh license for export, the petitioner has come to understand that, based on the information obtained from the 3rd respondent alleging mis-utilisation of the Duty Free Import Authorisation , the 2nd respondent has issued an order bearing No. 07/76/CUSIIBC/AI10 dated 26.2.2010, simultaneously enlisting the name of the petitioner in the Denied Entities List , as borne by Ext.P2. Petitioner is stated as aggrieved of the fact that no copy of the said order has been served to the the petitioner by the 2nd respondent; thus virtually preventing him from filing appeal against the said order which made him to approach this Court by filing this writ petition. 5. On going through the prayers sought for, this Court finds that there is no need to go into the merits of the case, nor is it necessary to have a counter affidavit W.P (C) No. 6513 of 2011 3 from the part of the 2nd respondent as to the facts and figures. Taking note of the specific prayer for directing the 2nd respondent to issue a copy of the order bearing No.07/76/CUSIIBC/AM10 dated 26.2.2010 so as to enable the petitioner to prefer a statutory appeal, this Court finds it fit and proper to give such a direction, if copy of the said order stated as passed against the petitioner is not already served. 6. In the above circumstances, the 2nd respondent is directed to furnish a certified copy of the order bearing No.07/76/CUSIIBC/AM10 dated 26.2.2010 to the petitioner, as expeditiously as possible, at any rate, within 'one week from the date of production of a copy of this judgment. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 2nd respondent, for taking further steps. The writ petition is disposed of, as above. Sd/- P.R.RAMACHANDRA MENON, JUDGE ma /True copy/ P.A to Judge