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Madras High CourtWP(MD)/18640/2025dismissed

M/S. Shalom Forwarders v. The Commissioner Of Customs

2025-07-10Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD)Nos.14298 and 14300 of 2025 M/s.Shalom Forwarders, Rep. by its Proprietor V.Thiruvalagan, Door No.4/152/7, Shalom, State Bank Colony (North), Tuticorin - 628002.

... Petitioner Vs.

1.The Commissioner of Customs, Custom House, New Harbour Estate, Tuticorin - 628 004.

2.The Inquiry Officer, Assistant / Deputy Commissioner of Customs, Custom House, New Harbour Estate, Tuticorin - 628 004.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the entire records of the first respondent herein leading to the issuance of the Impugned Order in Original No.09/2025, C.No. VIII/13/12/2010-CHAL VOL II, DIN. 20250581OH0000777A5E, dated 13.05.2025 under Regulation 17(7) of Customs Brokers Licensing Regulations, 2018, by the first respondent and 1/5

quash the same as illegal, arbitrary, unfair, unreasonable, perverse and in clear abuse of process of law and has been violation of principles of natural justice. For Petitioner : Mr.A.K.Jayaraj For Respondents : Mr.R.Gowrishankar Senior Standing Counsel

ORDER

This writ petition has been filed challenging the order dated 13.05.2025 passed by the first respondent under Regulation 17(7) of Customs Brokers Licensing Regulations, 2018.

2. Heard the learned counsel for the petitioner and the learned Senior Standing Counsel for the respondents.

3. This Court is not inclined to admit the writ petition as the petitioner has an alternate remedy before the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chennai against the impugned order revoking the customs house licence issued to the petitioner. 2/5

4. Therefore, the writ petition is dismissed. However, considering the fact that the petitioner has to continue to carry on the business pursuant to the interim order passed in W.P(MD)No.24701 of 2024, the petitioner is granted temporary relief for a period of three months from today. It is open to the petitioner to file an appropriate application for extension of interim relief by filing an appeal. In case such an appeal along with application for interim relief is filed within a period of thirty days from the date of receipt of a copy of this order, the Tribunal may entertain the appeal and also the application for interim stay of the impugned order and dispose of the same as expeditiously as possible. No costs. Consequently, the connected miscellaneous petitions are closed.

10.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn 3/5

To 1.The Commissioner of Customs, Custom House, New Harbour Estate, Tuticorin - 628 004.

2.The Inquiry Officer, Assistant / Deputy Commissioner of Customs, Custom House, New Harbour Estate, Tuticorin - 628 004.

4/5

C.SARAVANAN, J.

sn W.P(MD).No.18640 of 2025 10.07.2025 5/5