IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4105 of 2010(K)
1. MUTHOOT HOTELS AND INFRASTRUCTIVE
... Petitioner
Vs
1. THE COMMISSIONER OF CUSTOMS,
... Respondent
2. THE JOINT DIRECTOR GENERAL OF FOREIGN
For Petitioner :SRI.K.P.DANDAPANI (SR.)
For Respondent :STANDING COUNSEL
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :17/06/2010
O R D E R
S. SIRI JAGAN, J
--------------------
W.P.(c).No.4105 of 2010
----------------------------------------
Dated this the 17th day of June, 2010
J U D G M E N T
Petitioner is challenging Ext.P15 show cause notice issued
under the Customs Act. Although the petitioner raises various
contentions on merits, in view of the fact that this court is of the
opinion that since Ext.P15 is only a show cause notice, the proper
remedy of the petitioner is to file a reply to the same and
challenge the final order to be passed pursuant thereto, if the
petitioner is aggrieved by the same.
2. Learned counsel for petitioner submits that petitioner
may be given an opportunity to file reply to Ext.P15 and afforded
an opportunity of being heard.
3. In the above circumstances, the writ petition is disposed
of with the following directions:
The petitioner shall file a reply to Ext.P15 within three
weeks. Thereupon the authority competent to pass
final orders in the matter shall afford an opportunity of
being heard to the petitioner and pass final speaking
order after considering the final contentions of the
petitioner.
S. SIRI JAGAN, JUDGE.
Sou.