IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(C).No. 37571 of 2010(V) -------------------------- PETITIONER: --------------- M/S.ACE DIGITAL SYSTEMS,5/4, RAMMOY ROAD, KOLKATA,WEST BENGAL-700 025, REP.BY ITS PROPRIETOR KETAN KANDAR. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH RESPONDENTS: --------------- 1. THE UNION OF INDIA,REP.BY THE SECRETARY, MINISTRY OF FINANCE(DEPARTMENT OF REVENUE) NORTH BLOCK, NEW DELHI-110 001. 2. THE COMMISSIONER OF CUSTOMS,CUSTOM HOUSE,COCHIN 682 009. 3. THE ADDITIONAL DIRECTOR, DIRECTORATE OF REVENUE INTELLIGENCE,REGIONAL UNIT, VILAKUNNEL,KAITHOTH ROAD,PALARIVATTOM.COCHIN- 682 025. 4. AJITH.P.ASSOCIATES, CHARTERED ENGINEERS, DOOR #:33/638,ARKAKKADAVU ROAD,NEAR VENNALA HSS,COCHIN 682 028. R2 BY ADV. SRI.JOHN VARGHESE,SC,CEN.BOARD OF EXCISE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2011, ALONG WITH W.P.(C) No. 4182 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37571 of 2010(V) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE BILL OF ENTRY NO.1125 DATED 31.08.2010 EXT.P2 : TRUE COPY OF THE INVOICE OF THE FOREIGN SUPPLIER DATED 26.07.2010 EXT.P3 : TRUE COPY OF THE PACKING LIST DATED 26.07.2010 EXT.P4 : TRUE COPY OF THE REPORT OF INSPECTION BY THE 4TH RESPONDENT DATED 01.11.2010 EXT.P5 : TRUE COPY OF THE LETTER DATED 22.11.2010 SENT BY THE PETITIONER TO THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R3(a) : TRUE COPY OF THE EXAMINATION REPORT OF THE CHARTERED ENGINEER DT. 20.12.2010. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) Nos. 37571 OF 2010 & 4182 OF 2011 ......................................................................... Dated this the 22nd March , 2011 J U D G M E N T The issues projected in both the writ petitions are similar and hence are dealt with together. For the purpose of convenience, reference is made to the prayers and exhibits as in W.P.(C) No. 4182 of 2011 . 2. Heard the learned Standing counsel for the respondents. 3. it is seen that a similar issue had come up for consideration before this Court and the same was dealt with by a Division Bench by passing Ext. P8 judgment, wherein the course pursued by the Division Bench is narrated in paragraph Nos. 8 and 9, which are extracted below: 8. 1n the circumstances narrated as above, we are of the opinion that the directions given in the order under appeal by way of an interim relief are not to be granted normally, as interim relief sought for is substantially same as the main relief sought for in the Writ Petition. However, considering the competing claims of the parties to the litigation i.e., the rights of the respondent and W.P.(C) Nos. 37571 OF 2010 & 4182 OF 2011 2 obligation of the State to enforce the provisions of the Environment ( Protection) Act, 1986, we deem it appropriate to dispose of the Writ Petition itself directing the respondents/appellants to pass a final order after such examination of the imported materials as they deem fit and proper in the circumstances, after giving a reasonable opportunity to the respondent regarding the permissibility or otherwise of clearance of the imported materials for home consumption, within a period of two weeks from today. 9. After the appropriate examination of imported materials, if the appellants come to the conclusion that either a part of or whole of the imported materials cannot be cleared for home consumption, they shall pass a speaking order indicating the reasons as to how such a conclusion is arrived at. If the appellants come to a different conclusion from the one indicated above, the appellants shall permit the respondent to clear the imported goods or a portion thereof which is found as permissible for home consumption, within a period of one week from the date of the above mentioned decision. 4. In the above circumstance, this Court does not find it W.P.(C) Nos. 37571 OF 2010 & 4182 OF 2011 3 necessary to take a different course from the one taken by the Division Bench. The learned Central Government Counsel submits that a show-cause notice has been issued to the petitioner in W.P.(C) NO. 4182 of 2011 on 04.01.2011 and the petitioner in W.P(C) No. 37571 of 2011 on 03.01.2011 and some more time is necessary, since the petitioners are still to respond to the said notices. In the said circumstance, both the writ petitions are disposed of, in terms of the verdict passed by the Division Bench as above, with liberty to the petitioners to submit their explanation to the show- cause notices. The respondents shall finalise the matter within three weeks from the date of submitting the explanation to the show-cause notices. P.R. RAMACHANDRA MENON, JUDGE. lk