IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 WP(C).No. 23967 of 2011(U) -------------------------- PETITIONER(S): ---------------------- M/S.HARIPRIYA TRADERS,HILL PRODUCE DEALERS,H.O ARIYANNUR,THRISSUR 680 102. REPRESENTED BY ITS PROPRIETOR NARAYANA PODUVAL. BY ADV. SRI.C.K.KARUNAKARAN SMT.T.P.LEKSHMI VARMA SRI.V.VINAY RESPONDENT(S): --------------------------- 1. UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE,MINISTRY OF FINANCE NEW DELHI. 2. CHAIRMAN, CENTRAL BOARD OF EXCISE AND CUSTOMS, NEW DELHI. 3. COMMISSIONER OF CUSTOMS (APPEALS) CUSTOM HOUSE,COCHIN 682 009. 4. ASSSISTANT COMMISSIONER OF CUSTOMS (IMPORT),CUSTOM HOUSE,COCHIN 682 009. ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R1 SRI.JOHN VARGHESE,SC,CEN.BOARD OF EXCIS FOR R1-R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23967/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE ORDER NO.20/11 DT 31.1.11 ISSUED BY THE 4TH RESPONDENT. EXT.P2: TRUE COPY OF THE ORDER NO.76/2011 DATED 3.6.11 ISSUED BY THE 4TH RESPONDENT. EXT.P3: TRUE COPY OF APPEAL MEMORANDA DATED 12.4.11 WITH PETITIONS FOR STAY, DELAY AND EARLY POSTING DATED FILED BEFOR THE 3RD RESPODNENT AGAINST THE ORDER NO.20/2011 DT 31.1.11. EXT.P4: TRUE COPY OF APPEAL MEMORANDA DATED 8.8.11 WITH PETITIONS FOR STAY AND EARLY POSTING FILED BEFORE THE 3RD RESPODNENT AGAINST THE ORDER NO.76/2011 DATED 3.6.11. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 23967 OF 2011 ===================== Dated this the 19th day of September, 2011 J U D G M E N T Petitioner is an importer of betel nuts through Kochi port. Aggrieved by Exts.P1 and P2 orders, petitioner has filed Exts.P3 and P4 appeals before the 3rd respondent. The office of the 3rd respondent was lying vacant. In the meanwhile, apprehending delay in the disposal of the appeals and simultaneous coercive action based on Exts.P1 and P2, the writ petition was filed seeking a direction to respondents 1 and 2 to fill up the post of the 3rd respondent and also to dispose of Exts.P3 and P4 appeals expeditiously keeping in abeyance coercive action based on Exts.P1 and P2. 2. On behalf of the respondents, a statement has now been filed by the standing counsel. This statement shows that an officer has joined the post of the 3rd respondent on 5/9/11. With the said statement made on behalf of the respondents, prayer No.1 directing filling up of the post of the 3rd respondent stands satisfied. 3. I heard the standing counsel for the respondents also WPC No. 23967/11 :2 : in the matter. 4. In view of the submissions made, I direct the 3rd respondent to dispose of Exts.P3 and P4 appeals with notice to the petitioner and as expeditiously as possible, at any rate within 8 weeks from the date of production of a copy of this judgment. 5. I also record the statement on behalf of the respondents that in the meanwhile coercive action based on Exts.P1 and P2 will not be initiated. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp