IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 WP(C).No. 4360 of 2010(T) ------------------------- PETITIONER: --------------- THE KERALA MINERALS & METALS LTD., SANKARAMANGALAM, CHAVARA-691 583, KOLLAM, REP.BY COMPANY SECRETARY. BY MR.E.K.MADHAVAN, ADVOCATE SMT.P.VIJAYAMMA, ADVOCATE MR.V.KRISHNA MENON, ADVOCATE MR.PRINSON PHILIP, ADVOCATE MR.DEVIDAS.U.K, ADVOCATE SMT.UMA GOPINATH, ADVOCATE RESPONDENTS: ----------------- 1. THE ASST.COMMISSIONER OF CUSTOMS (DBK), CUSTOMS HOUSE, KOCHI- 682 009, KERALA. 2. THE ADDITIONAL SECRETARY/JOINT SECRETARY (REVISION APPLICATION), MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NEW DELHI. 3. THE ASST.COMMISSIONER OF CUSTOMS (ARREAR SECTION), OFFICE OF COMMISSIONER OF CUSTOMS, KOCHI- 682 009. BY MR.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA FOR R2 MR.JOHN VARGHESE, CGC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.4360 OF 2010 --------------------------------------- Dated this the 10th day of February, 2010. J U D G M E N T The petitioner namely, the Kerala Minerals & Metals Ltd., Sankaramangalam, Kollam is aggrieved by the steps taken by the 3rd respondent to enforce Exhibits P1 and P2 in spite of the fact that the petitioner has already filed a revision petition as per Exhibit P3 along with a stay petition Exhibit P4 before the 2nd respondent. 2. As per Exhibit P1 order, the petitioner was directed to remit back an amount of Rs.12,85,326/- stating that it was erroneously paid to the petitioner company. That was challenged in appeal and the said appeal was also rejected as per Exhibit P2. 3. The grievance raised by the petitioner is that in spite of the fact that the revision petition is pending, by Exhibit P6, Detention Notice has been issued and various consignments have been detained without clearance. There will be a direction to the 2nd respondent to take a W.P.(C) No.4360/2010 2 decision on Exhibit P3 within a period of three months after hearing a representative of the petitioner. Till then, further action pursuant to Exhibits P1, P2 and P6 will be kept in abeyance. Any goods detained pursuant to Exhibit P6 also will be released on satisfying terms and conditions for clearance, if any. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp