IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 30426 of 2011(C) -------------------------- PETITIONER(S): ---------------------- 1. TROPICAL GRANITES, REPRESENTED BY ITS MANAGING PARTNER, 2A, SAYAS KALYANI ARCADE, 34, CENOTAPH ROAD, TEYNAMPET, CHENNAI. 2. R.SREEDHAR, MANAGING PARTNER, 2A, SAYAS KALYANI ARCADE, 34, CENOTAPH ROAD, TEYNAMPET, CHENNAI. BY ADV. SRI.G.S.RAGHUNATH RESPONDENT(S): ------------------------ 1. UNION OF INDIA, REPRESENTED BY ITS PRINCIPAL SECRETARY, MINISTRY OF COMMERCE & INDUSTRY, DEPARTMENT OF COMMERCE, CENTRAL SECRETARIAT, NEW DELHI - 110 001. 2. THE CHAIRMAN, POLICY RELAXATION COMMITTEE, OFFICE OF THE DIRECTOR GENERAL OF FOREIGN TRADE, UDYOGH BHAVAN, NEW DELHI - 110 001. 3. FOREIGN TRADE DEVELOPMENT OFFICE, MINISTRY OF COMMERCE & INDUSTRY, OFFICE OF THE JOINT DIRECTOR GENERAL OF FOREIGN TRADE, P. B. NO. 1193, GOKULAM, K. L. D. B. BUILDING, PATTOM, THIRUVANANTHAPURAM - 695 012. 4. DIRECTOR GENERAL OF FOREIGN TRADE, OFFICE OF THE JOINT DIRECTOR GENERAL OF FOREIGN TRADE, P. B. NO. 1193, GOKULAM, K. L. D. B. BUILDING, PATTOM, THIRUVANANTHAPURAM - 695 012. WP(C).No. 30426 of 2011(C) 5. JOINT DIRECTOR GENERAL OF FOREIGN TRADE, OFFICE OF THE JOINT DIRECTOR GENERAL OF FOREIGN TRADE, P. B. NO. 1193, GOKULAM, K. L. D. B. BUILDING, PATTOM, THIRUVANANTHAPURAM - 695 012. BY ADV. SRI. P. PARAMESWARAN NAIR, ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PN WP(C).No. 30426 of 2011(C) APPENDIX PETITIONER(S) EXHIBITS EXT. P1 COPY OF THE MINING LICENCE. EXT. P2 COPY OF THE AUTHORIZATION NO.5330000786 DT. 29.9.2003 ISSUED AS PER FILE NO.53/36/021/00020/AMO4 DT. 29.9.2003 TOGETHER WITH THE CONDITIONS THEREIN AND THE DESCRIPTION OF THE MACHINERIES IMPORTED ALONG WITH THE AUTHORIZATION LETTER EXT. P3 COPY OF THE FORWARDING LETTER ALONG WITH THE AUTHORIZATION NO.5330000936 DT.23.9.2005 ISSUED AS PER FILE NO.53/36/21/00030/AMO6 DT.23.9.2005 AND THE DETAILS OF THE MACHINERY. EXT. P4 COPY OF THE FORWARDING LETTER ALONG WITH THE AUTHORIZATION NO.5330000897 DT.9.2.2005 ISSUED AS PER FILE NO.53/36/021/00078/AMO5 DT.9.2.2005 OF JDGFT, THIRUVANANTHAPURAM AND THE CONNECTED PAPERS. EXT. P5 COPY OF THE FORWARDING LETTER ALONG WITH THE AUTHORIZATION NO.5330000852 DT.28.5.2004 ISSUED AS PER FILE NO.53/36/021/00033/AMO5 DT.25.8.2004 OF JDGFT, THIRUVANANTHAPURAM AND THE CONNECTED PAPERS. EXT. P6 COPY OF THE CERTIFICATE ISSUED BY CENTRAL EXCISE DEPARTMENT, NEYYATTINKARA DT.26.2.2004. EXT. P7 COPY OF THE STATEMENT OF EXPORT FOR REDEMPTION OF EPCG AUTHORIZATION DULY SUBMITTED BY THE PETITIONER. EXT. P8 COPY OF THE STATEMENT GIVING THE BREAK UP DETAILS AS PER COLUMN 5D OF ANF 5B. EXT. P9 TRUE COPY OF THE SHIPPING BILLS PRODUCED BY THE PETITIONER BEFORE THE RESPONDENTS. EXT. P10 COPY OF THE LETTER DATED 6.4.2009 ISSUED BY GOVERNMENT OF INDIA TO THE PETITIONER. EXT. P11 COPY OF THE ORDER OF THE DISTRICT COLLECTOR DATED 2.2.2006. EXT. P12 COPY OF THE JUDGMENT IN W.P(C)NO. 6603/2006 DATED 7.3.2006. EXT. P13 COPY OF THE ORDER OF THE DISTRICT COLLECTOR PROHIBITING THE QUARRYING OF GRANITE AS PER ORDER DATED 28.3.2006. EXT. P14 COPY OF THE JUDGMENT IN W.P(C)NO.11180/2006 DATED 7.4.2006. WP(C).No. 30426 of 2011(C) EXT. P15 COPY OF THE JUDGMENT DATED 20.6.2006 IN W.P(C)NO.13951/2006. EXT. P16 COPY OF THE SHOW CAUSE NOTICE DATED 5.7.2006 ISSUED BY DISTRICT COLLECTOR TO THE PETITIONER. EXT. P17 COPY OF THE ORDER IN W.P.(C) NO. 23229/2006 DATED 25.9.2006. EXT. P18 COPY OF THE LETTER DATED 10.9.2009 SENT BY PETITIONER TO THE CHAIRMAN, POLICY RELAXATION COMMITTEE. EXT. P18(A) COPY OF THE POSTAL RECEIPT DATED 10.09.2009. EXT. P19 COPY OF THE SHOW CAUSE NOTICE DATED 2.2.2011 ISSUED TO THE PETITIONER FROM GOVERNMENT OF INDIA. EXT. P19(A) COPY OF THE LETTER DATED 2.2.2011 ISSUED TO THE PETITIONER FROM -DO- EXT. P20 COPY OF THE SHOW CAUSE NOTICE DATED 7.2.2011 REGARDING EXHIBIT-P3 AUTHORIZATION. EXT. P20(A) COPY OF THE LETTER DATED 7.2.2011 FROM GOVERNMENT. EXT. P21 COPY OF THE SHOW CAUSE NOTICE DATED 8.2.2011 REGARDING EXHIBIT-P4 AUTHORIZATION. EXT. P21(A) COPY OF THE LETTER DATED 8.2.2011 INCLUDING THE PETITIONER IN THE DENIED ENTITY LIST. EXT. P22 COPY OF THE SHOW CAUSE NOTICE DATED 8.2.2011 REGARDING EXHIBIT-P5 AUTHORIZATION. EXT. P22(A) COPY OF THE LETTER DATED 8.2.2011 INCLUDING THE PETITIONER IN THE DENIED ENTITY LIST. EXT. P23 COPY OF THE LETTER DATED 18.2.2011 SENT BY PETITIONER TO THE JOINT DIRECTOR GENERAL OF FOREIGN TRADE. EXT. P23(A) COPY OF THE ACKNOWLEDGEMENT RECEIPT. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P. A. TO JUDGE PN ANTONY DOMINIC, J ....................................................... W.P.(C).30426/2011 .............................................. Dated this the 13th day of December, 2011 JUDGMENT First petitioner is the partnership firm and the second petitioner is its partner. 2. They were engaged in the manufacture and export of granites and had also availed of the benefit of 'EPCG' Scheme. However, according to them, for reasons which are beyond the control of the petitioners, the conditions of the Scheme could not be complied with and consequently, bank guarantee furnished has been invoked. According to the petitioners, subsequently they filed Ext.P18 representation to the second respondent requesting that they be relieved of the obligations and consequences. Reply is still not received. 3. While so, they have been issued Exts.P19 to P22 notices, proposing action under Section 11 of the Foreign Trade (Development & Regulation) Act, 1992. Though these notices were issued as early as on 2.2.2011, requiring that replies be filed and the parties appear for personal hearing on 16.2.2011, again, according to the petitioners, for reasons beyond their W.P.(C).30426/11 2 control, replies could not be filed and personal hearing did not take place. It is thereafter the writ petition has been filed. 4. When the matter was taken up for admission, the learned Standing Counsel for respondents were directed to obtain instructions as to whether final orders on Exts.P19 to P22 were passed by the respondents. Today on instructions, it is submitted on behalf of the learned ASG, that final orders have not been passed so far. 5. Now that the final orders on the show cause notices have not been passed so far, at this stage, what remains is that such orders shall be passed after affording an opportunity of hearing to the petitioners. 6. Therefore, the writ petition will stand disposed of directing that it will be open to the petitioners to file their replies to Exts.P19 to P22 before the Joint Director General of Foreign Trade, the fifth respondent. It is directed that if such replies are filed within two weeks from today, the Joint Director General of Foreign Trade, the fifth respondent shall accept the replies, issue notice to the petitioners in the address to be furnished by them, hear them and pass orders on Exts.P19 to P22, as expeditiously as possible. W.P.(C).30426/11 3 Petitioners shall produce a copy of this judgment along with a copy of the writ petition before the fifth respondent for compliance. ANTONY DOMINIC, Judge mrcs /true copy/ P.A. To Judge