IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WP(C).No. 22304 of 2009(G) -------------------------- PETITIONER(S): --------------- SUNIL KUMAR S., 'SOUBHAGYA', PIPELINE ROAD, CHANGAMPUZHA NAGAR P.O., KOCHI-682 033. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): --------------- 1. THE SPECIAL DIRECTOR, ENFORCEMENT DIRECTORATE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, 6TH FLOOR, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-110 003. 2. THE APPELLATE TRIBUNAL FOR FOREIGN EXCHANGE, MINISTRY OF LAW AND JUSTICE, JANPATH BHAVAN, B WING, 4TH FLOOR, JANPATH, NEW DELHI-110 001, REPRESENTED BY ITS REGISTRAR. 3. THE TAHSILDAR (R.R.), KANAYANNUR TALUK, KOCHI. 4. THE DEPUTY TAHSILDAR (R.R.), KANAYANNUR TALUK, ERNAKULAM DISTRICT. SENIOR GOVERNMENT PLEADER SRI.A.J.VARGHESE ASGI SRI.PARAMESWARAN NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29 /9 2009/ , THE COURT ON 29/09/2009 DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------- W.P.(C).NO.22304, WP(C) NO.25536 & WP(C)NO.27244 OF 2009 ------------------------------------ Dated this the 29th day of September, 2009. J U D G M E N T These writ petitions arise out of connected appeals pending before the second respondent tribunal against Ext.P1 orders in all these cases, by which penalty was imposed alleging violation of Section 18 of the Foreign Exchange Regulation Act 1973. Ext.P2 are the appeals filed under Section 19 of the Foreign Exchange Management Act 1990. Along with the appeals the petitioners in these cases have filed Ext.P3 stay petitions seeking stay of realisation of amount covered under the impugned orders of penalty, pending disposal of the appeals. The petitioners have also filed petitions seeking to dispense with payment of the amount in dispute, which is stipulated as a pre-condition. Through Ext.P6 common order the second respondent appellate authority had rejected the request for dispensation of the payment and directed the appellant to make pre-deposit of the penalty amount. Against Ext.P6 review petitions were filed before the second respondent by all the petitioners, as evidenced by Ext.P7. Complaint of the petitioner is that pending disposal of Ext.P7 review petition and the appeals evidenced by 2 Ext.P2 , steps are now initiated pursuant issuance of Ext.P9 and P10 notices under the provisions of the Kerala Revenue Recovery Act for realisation of amounts covered under Ext.P7. 2. Ext.P6 is a common order whereby application for dispensation for payment was rejected in four appeal cases. But in case of one of the appeals, Appeal No.602 of 2003 a writ petition was moved before this court as WP(C) No.16446 of 2009. Ext.P11 is the judgment rendered by this court in that case. After considering the fact that the appeal has already been boarded for hearing in the last week of July, 2009, this court directed the second respondent to consider the appeal petition in accordance with law and to pass appropriate orders thereon, after giving an opportunity to hearing the petitioner therein. Recovery steps initiated for realisation for penalty was directed to be kept in abeyance till disposal of the appeal. Having considered the directions contained in Ext.P11 judgment, I am of the opinion that similar relief can be granted in all these three cases, which arises out of a common order in Ext.P6. The respondent has no case that Ext.P11 judgment was challenged in appeal. 2. Accordingly the writ petitions are disposed of directing the 3 second respondent to consider and pass order of Ext.P2 appeals in all these three cases as early as possible, after affording opportunity of hearing to the petitioners, at any rate within a period of two months from the date of the receipt of the copy of this judgment. The respondents are directed to keep in abeyance of further steps for realising the amount covered under Ext.P1 orders of penalty till final orders passed on Ext.P2 appeals. C.K. ABDUL REHIM, JUDGE. pm