IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 WP(C).No. 665 of 2010(G) ------------------------ PETITIONER: --------------- MOHAMMED SHARIEF ABUBAKKAR, K.K.HAMEED, FISH MARKET, P.O.KODI, KUNDAPURA DISTRICT, SOUTH KANARA, KARNATAKA. BY MR.P.A.AUGUSTIAN, ADVOCATE MR.T.R.JAGADEESH, ADVOCATE MR.T.S.BIJU, ADVOCATE RESPONDENTS: ----------------- 1. COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, W/ISLAND, COCHIN-9. 2. THE CHAIRMAN, COCHIN PORT TRUST, W/ISLAND, COCHIN-9. 3. THE UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF FINANCE (DEPARTMENT OF REVENUE), NORTH BLOCK, NEW DELHI-110 001. BY MR.JOHN VARGHESE,C.G.C. FOR R1 & R3 MR.E.K.NANDAKUMAR, SC FOR R2 MR.THOMAS MATHEW NELLIMMOTTIL,(SR.SC. FOR CENTRAL BOARD OF EXCISE & CUSTOMS) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.665 OF 2010 --------------------------------------- Dated this the 15th day of January, 2010. J U D G M E N T The petitioner herein is aggrieved by the proceedings taken against him by the 1st respondent with regard to the import of car namely, Toyota Land Cruiser Prado car of 2003 model. The petitioner seeks for a direction to the 1st respondent to consider the application for release of the vehicle by way of interim measure and various other reliefs that have also been sought for in the writ petition. 2. Learned Standing Counsel for the 1st respondent submitted that already summons have been issued on 07.01.2010 to the petitioner to appear and produce the documents. It is submitted that the authority will be able to take a decision only after completing various formalities and after conducting due enquiries. Since the petitioner has already filed an application as per Exhibit P4 under Section 18 of the Customs Act, there will be a W.P.(C) No.665/2010 2 direction to the 1st respondent to take a decision on Exhibit P4 in accordance with law within a period of two weeks from the date of receipt of a copy of this judgment, after hearing the petitioner also. All the other contentions of the petitioner are left open. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp