IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 23RD MAY 2011 / 2ND JYAIHTA 1933 WP(C).No. 13527 of 2011(M) -------------------------- PETITIONER: --------------- M/S.SHIVAM INTERNATIONAL, BASANTA BIHAR, NEAR KRISHI UPAJ, MANDI BACKSIDE GATE, RAJASTHAN, SIKAR-332001. BY ADV. MR. P.A.AUGUSTIAN MR. T.R.JAGADEESH MR. V.K.SATHYANATHAN MS. V.VIJITHA MR. T.S.BIJU RESPONDENTS: --------------- 1. COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, WILLINGTON ISLAND, KOCHI-682009. 2. COMMISSIONER OF CUSTOMS (APPEALS), CUSTOM HOUSE, WILLINGTON ISLAND, KOCHI-682009. ADV. MR. JOHN VARGHESE,SC,CEN.BOARD OF EXCISE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 13527 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 23rd day of May , 2011 JUDGMENT The electronic goods imported by the petitioner from abroad were not released by the respondents alleging many a reason, which made the petitioner to approach this Court by W.P.(C) No. 34102 of 2010. By Ext.P1 order dated 01.12.2010, this Court directed the respondents therein to have the goods released in the manner as specified therein. Being aggrieved by the direction given vide Ext. P1 order, the matter was taken up in appeal by the Department, which led to Ext. P2 common judgment in Writ Petition and Writ Appeal, whereby appropriate directions were given to the concerned parties to have the matter finalized. 2. The case of the petitioner is that, pursuant to Ext. P2 judgment passed by the Division Bench, final orders were passed by the concerned party (who is not a party to the present proceedings) as borne by Ext. P3, which stands against the petitioner and hence the petitioner has already approached the appellate authority by filing appeal. The grievance now projected by the petitioner is with regard to the delay in considering the appeal and the petitioner prays for a W.P. (C) No. 13527 of 2011 : 2 : direction to be given to the appellate authority to have it finalized within a reasonable time. 3. Heard the learned standing counsel appearing for the respondents. 4. After hearing both the sides, the writ petition is disposed of, directing the second respondent to consider the appeal preferred by the petitioner against Ext. P3 and pass appropriate orders in accordance with law, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd