High Court of KeralaWP(C)/6007/2015disposed of

Shri.I Safarudeen v. Union Of India

2015-02-25Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 25TH DAY OF FEBRUARY 2015/6TH PHALGUNA, 1936 WP(C).No. 6007 of 2015 (A) -------------------------------------- PETITIONER(S):

----------------------- SHRI.I SAFARUDEEN, R.B.MANZIL, CHOLA, PUTHENCHANTHA (P.O) PANMANA-691587, KOLLAM.

BY ADVS.SMT.R.CHITRA SRI.B.RAVINDRAN NAIR SRI.G.ANANTHANARAYANAN RESPONDENT(S):

-------------------------

1. UNION OF INDIA REPRESENTED BY REVENUE SECRETARY MINISTRY OF FINANCE, NEW DELHI-110001.

2. THE COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS (APPEALS) CR BUILDINGS, I.S.PRESS ROAD, COCHIN-682018.

3. ASSISTANT COMMISSIONER OF CENTRAL EXCISE & CUSTOMS, VARINJAM TOWERS, RESIDENCY ROAD, KOLLAM.

4. THE ACCOUNTS OFFICER KMML (KERALA METALS & MINERALS LIMITED), SARKARAMANGALAM, CHAVARA, KOLLAM.

R1- 3 BY SRI.RANJITH J.KOSHY, SC, SRI.THOMAS MATHEW NELLIMOOTTIL, SC R4 BY SMT.LATHA KRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 6007 of 2015 (A) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE APPEAL ALONG WITH CONDONATOIN PETITION FILED BY THE PETITIONER BEFORE THE R2 EXHIBIT P2:

TRUE COPY OF THE LETTER DT.3.12.2012 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER ACKNOWLEDGING THE RECEIPT OF THE APPEAL.

EXHIBIT P3:

TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 20.1.2015.

EXHIBIT P4:

TRUE COPY OF THE JUDGMENT DELIVERED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO.764 OF 2015 (U).

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO. 6007 OF 2015 (A) ----------------------------------- Dated this the 25th day of February, 2015

J U D G M E N T

Against an order confirming the demand of central excise duty and penalty on the petitioner, the petitioner has preferred Ext.P1 appeal before the 2nd respondent along with a delay condonation petition. The grievance of the petitioner in the writ petition is that even before passing final orders in the appeal, recovery steps are sought to be initiated against the petitioner for recovery of the amounts confirmed against him by the order, against which Ext.P1 appeal was filed.

I have heard Sri.G.Ananthanarayanan, the learned counsel appearing on behalf of the petitioner as also Sri.Ranjith J, Koshy, the learned Standing counsel appearing on behalf of the respondents. 3.

On a consideration of the facts and circumstances of the case and also the submissions made across the Bar, I dispose the writ petition with the following directions:

(i) There will be a direction to the 2nd

W.P.(C) No. 6007/2015 -2respondent to pass final orders on Ext.P1 appeal within a period of one month from the date of receipt of a copy of this judgment.

(ii) It is made clear that pending passing of final orders on Ext.P1 appeal and communicating the same to the petitioner, the 2nd respondent shall ensure that no recovery or coercive steps are initiated or continued against the petitioner, for realisation of the amounts due under the order against which Ext.P1 appeal is filed.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE jjj