IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(C).No. 37406 of 2010(A) ------------------------------------- PETITIONER(S): -------------------- GLOBAL INDUSTRIES, B-3/20, 3-3, SECTOR 15, VASHI, MUMBAI-400 703, REPRESENTED BY ITS PROPRIETOR, IQBAL AZIZ VANJARA. BY ADV. SRI.P.RADHAKRISHNAN (1) SRI.MADHU RADHAKRISHNAN RESPONDENT(S): --------------------------- 1. THE COMMISSIONER OF APPEALS, CUSTOMS HOUSE, WILLINGTON ISLAND, KOCHI. 2. THE ASSISTANT COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, WILLINGTON ISLAND, KOCHI. ADV. SRI.JOHN VARGHESE,SC,CEN.BOARD OF EXCISE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss ANTONY DOMINIC, J. ------------------------- W.P (C) No. 37406 of 2010 -------------------------- Dated this the 21st December, 2010 J U D G M E N T The petitioner herein had imported betel nuts through Cochin Port. By Ext.P1, the 2nd respondent has assessed the value of the goods and against Ext.P1 order, petitioner has filed Exts P2 and P3 appeals before the 1st respondent, appellate authority under the Customs Act. Along with the appeals, petitioner has filed application for stay as well as application for waiver of duty levied. Thereafter this writ petition has been filed mainly complaining that there is no incumbent in the office of the 1st respondent and in view of the delay in considering the appeals, the goods should be released on security to avoid demurrage. 2. Learned standing counsel appearing for the respondents has produced a departmental communication dated 17.12.2010 which shows that the Commissioner of Appeals, Trichy has been issued orders discharging him to hold additional charge of the Commissioner of Appeals, Kerala Zone until further orders. W.P (C) No. 37406 of 2010 2 3. In view of the said order, the grievance of the petitioner regarding the absence of incumbent in the office of the 1st respondent, no longer survives. 4. Therefore, I direct that the officer who is in charge of the 1st respondent will hear either the appeals or the interlocutory applications filed by the petitioner, at any rate, within two weeks of production of a copy of this judgment along with a copy of the writ petition. I also record the submission made by the respondents that they will ensure that the appellate authority will hear the appeal as directed above. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE ma