IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 12928 of 2008(L) -------------------------- PETITIONER(S): --------------- SADATH LEBBA, EXECUTIVE DIRECTOR, FLOORATEX RUBBER & PLASTICS (P) LTD., P.R.P.TOWERS, KAYAMKULAM. BY ADV. SRI.K.A.ANISH SRI.JACOB ERAMEAL PAUL KURIAKOSE RESPONDENT(S): --------------- 1. THE DIRECTOR GENERAL OF FOREIGN TRADE, UDYOG BHAVAN, NEW DELHI. 2. THE COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, COCHIN. 3. THE COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, CHENNAI. 4. THE JOINT DIRECTOR, DIRECTORATE OF REVENUE INTELLIGENCE, COCHIN REGIONAL UNIT, VILAKKUNNEL, KAITHOTH ROAD, COCHIN-25. 5. THE ADDITIONAL DIRECTOR GENERAL, DIRECTORATE OF REVENUE INTELLIGENCE, CHENNAI. 6. THE DIRECTOR GENERAL OF REVENUE INTELLIGENCE, GOVERNMENT OF INDIA, DIRECTORATE OF REVENUE INTELLIGENCE, NEW DELHI. 7. THE ADDITIONAL DIRECTOR GENERAL, DIRECTORATE OF REVENUE INTELLIGENCE, BANGALORE. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.12928/2008 J U D G M E N T THE WRIT PETITION IS DISMISSED AS WITHDRAWN WITH LIBERTY TO FILE FRESH PETITION, IF THE PETITIONER SO DESIRES. 12/03/2009 SD/- (ANTONY DOMINIC, JUDGE) //TRUE COPY// PA TO JUDGE. jg THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.12928 of 2008-L = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 16th day of April, 2008. O R D E R The learned Central Government Standing Counsel takes notice for the respondents and submits that WP(C).19071/2006 is pending in relation to the question of initiation of proceedings against the petitioner. It is stated that the Department has filed counter affidavit in that case and that the matter is ripe for final hearing. It is also pointed out that Ext.P2 judgment really does not have an application on the issue in hand. In the aforesaid circumstances, it is directed that the petitioner's objections to Ext.P4 show cause notice shall be considered after WP(C)12928/2008 -: 2 :- giving him an opportunity of being heard. It will be open to the official respondents to take a final decision on the matter after hearing the petitioner, however that the same shall not be enforced for a period of two months. List along with WP(C).19071/2006. Hand over. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/160408