IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 2531 of 2011(N) ------------------------------------ PETITIONER(S): ---------------------- 1. M/S.AL MARWA TRADERS, REPRESENTED BY ITS PROPRIETOR, A.A. MOHAMMED SHERIEFF, S/O.A.M. AVARU, 7/48A, KUMARANELLUR.P.O., THRISSUR, KERALA. 2. M/S.SHREE TRADERS, 416-B, EYYAL ROAD, MARATHENCODE.P.O., KUNNAMKULAM, THRISSUR, KERALA-680 604, REPRESENTED BY ITS PROPRIETOR P.V. JAYARAJAN, S/O.VASUDEVAN NAMBOODIRI, PERUMPILLY MANA, MARATHENCODE.P.O., KUNNAMKULAM, THRISSUR. 3. M/S.RADHAKRISHNA TRADING COMPANY, SAMDHAJI KASAR ROAD, MASKASATH ITWARI, NAGPUR, MAHARASHTRA-440 002, REPRESENTED BY ITS PROPRIETOR VIJAY SAJNANI. 4. A & M EXPORTS, 8/33, ANDATHODE MANATHALA BEACH ROAD, CHAVAKKAD.P.O., THRISSUR, KERALA-680 506, REPRESENTED BY ITS PROPRIETOR ABDULLA. A.M., S/O.MOHAMMED. 5. M/S. INTEGRAL ASSOCIATES, REPRESENTED BY ITS PROPRIETOR, ARSHAD, 405A, EDAVANAKAD.P.O., ERNAKULAM. BY ADV. SRI.P.RADHAKRISHNAN, SRI.MADHU RADHAKRISHNAN. RESPONDENT(S): ------------------------ 1. THE COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, WELLINGTON ISLAND, KOCHI, PIN-682 009. 2. THE ASSISTANT COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, WELLINGTON ISLAND, KOCHI, PIN-682 009. R1 & R2 BY ADV. SRI.JOHN VARGHESE, SC, CEN.BOARD OF EXCISE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs ANTONY DOMINIC, J. ------------------------- W.P (C) No.2531 of 2011 -------------------------- Dated this the 28th January, 2011 J U D G M E N T Petitioners are importers of betel nuts through Kochi Port Trust. In this writ petition what they seek is a direction to respondents to release the consignments on the basis of provisional assessment of duty giving them the benefits of Exts.P9 judgment and Ext.P10 order rendered by a Division Bench of this Court in identical circumstances. 2. I heard the learned standing counsel appearing for the respondents. From the submissions made by him also, it is obvious that the case of the petitioners is similar to those dealt with the Division Bench in Exts. P9 and P10 and therefore there is no reason why the petitioner shall not be denied the said benefits. 3. In that view of the matter, I dispose of this writ petition directing that the petitioners will be extended the benefit of the directions contained in paragraphs 8 and 9 of Ext.P9 judgment as modified by Ext.P10 order. This shall be subject to the condition that in respect of W.P (C) No. 2531 of 2010 2 consignments in relation to which notice under Rule 12 (1) have already been issued, documents shall be produced by the petitioners within ten days from today. It is also directed that in respect of consignments in relation to which notices under Rule 12 (1) notices have not been issued, on receipt of such notices, petitioners shall produce the documents within ten days thereafter. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE ma