IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 13269 of 2005(D) -------------------------- PETITIONER: --------------- M/S.UNITED PLYWOODS LIMITED, XVIII/104, P.0. BOX NO.40, ANAMALA ROAD CHALAKUDY-680 307, REPRESENTED BY ITS MANAGING DIRECTOR, C.M.MUHAMMED HAROON. BY ADV. MR. C.E.UNNIKRISHNAN RESPONDENTS: --------------- 1. JOINT DIRECTOR GENERAL OF FOREIGN TRADE, OFFICE OF THE JOINT DIRECTOR GENERAL OF FOREIGN TRADE, P.B.NO.1129, CHITTOOR ROAD, COCHIN-682 011. 2. THE JOINT COMMISSIONER OF CUSTOMS, OFFICE OF THE COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, COCHIN-682 009. R1 ADV. MR. JOHN VARGHESE, STANDING COUNSEL R2 MR. P.GOPINATH MENON,SC MR. ABRAHAM THOMAS,SC MR. JOHN VARGHESE,SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 13269 PF 2005 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : TRUE COPY OF THE ORDER NO. 10/6(1)95/AM-05/ECA/EKM DATED 18.11.2004 ISSUED BY THE 1ST RESPONDENT. EXT. P2 : TRUE COPY OF THE NOTICE DATED 24.11.2004 ISSUED BY THE 1ST RESPONDENT. EXT. P3 : TRUE COPY OF THE REPLY DATED 09.12.2004 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT. P4 : TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE DY. COMMISSIONER OF CUSTOMS (SIB) ON BEHALF OF THE 2ND RESPONDENT DATED 24.02.2005 EXT. P5 : TRUE COPY OF THE REPLY DATE 17.03.2005 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXT. P6 : TRUE COPY OF THE LETTER DATED 19.11.2004 SIGNED BY THE 1ST RESPONDENT. EXT. P7 : TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 28.02.2004 EXT. P8 : TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 03.03.2005 EXT. P9 : TRUE COPY OF THE ORDER DATED 16.02.2005 GRANTING DFPB FACILITY TO THE TUNE OF RS. 37,714/- /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 13269 of 2005 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 5th August , 2011 JUDGMENT The petitioner has approached this Court with the following prayers : i. to call for the records leading upto and inclusive of Exhibits P1 and P6 and to issue a writ in the nature of certiorari and quash the same. ii. to declare that the petitioner is entitled to get the benefits of DEPB with regard to Nos. 1010017853/8.10.2004 and 1010017888/11-10 2004 and also application evidenced by Exts. P7 and P8 iii. to issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to consider and dispose of Exhibit P4 show cause notice in accordance with law. iv. to issue a writ in the nature of mandamus or any other appropriate wit or order commanding the 1st respondent to process to DEPB Licences Nos. 1010017853/8-10-2004 and 101001788/1.10.2004 and application evidenced by Exhibits P7 and P8 and also commanding the 1st respondent not to dispose of Exhibit P2 before Exhibit P4 is being disposed of by the 2nd respondent and communication thereof sent to him. v. to grant such other reliefs as this Hon'ble Court may deem fit and proper to grant in the interest of justice. 2. The learned counsel for the petitioner submits that, in view of the stand taken by the first respondent in the counter affidavit, W.P. (C) No. 13269 of 2005 : 2 : producing Ext. R1 (a) dated 04.10.2005, whereby Ext. P1 order dated 18.11.2004 is stated as withdrawn, no further orders are necessary in this writ petition. The learned standing counsel appearing for the respondents submits that a rider has been placed in Ext. R1 (a), that, it will be without prejudice to the action proposed in the show-cause notice dated 24.02.2005. In the said circumstances, the Writ Petition is disposed of recording the submissions made from either side as above and also the contents of Ext. R1(a). Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd