IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 5155 of 2006(L)
1. P.K.RAVEENDRAN,
... Petitioner
2. M.AJITH NARAYAN, M/S.AJITH NARAYAN,
3. SAMUEL KIRUBANANDAN,
4. O.L.THARIYAN,
5. P.K.GOPAN,
6. V.G.SATHEESH, PARTNER,
7. JAYAPATHI SYAMALANGAN,
Vs
1. THE COMMISSIONER OF CUSTOMS,
... Respondent
2. THE ASSISTANT COMMISSIONER OF CUSTOMS
3. THE CHIEF COMMISSIONER OF CUSTOMS,
For Petitioner :SRI.ABRAHAM VAKKANAL
For Respondent :SRI.JOHN VARGHESE, ASSISTANT SG
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :06/12/2006
O R D E R
C.N.RAMACHANDRAN NAIR, J.
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W.P.(C)NO.5155 OF 2006
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Dated this the 6th day of December 2006
JUDGMENT
Heard counsel for the petitioners and Assistant Solicitor
General for respondents.
2. All petitioners are holders of temporary Customs Agents
licence. Under the 2004 Regulation, temporary licensees are
given two years’ time to pass the written examination to
regularise their licence. Except petitioners 2 and 7, all others
have become qualified licensees by passing the examination.
Therefore, the prayer in the writ petition is limited to petitioners
2 and 7 who are writing the examination being held in the 3rd
week of December 2006. Counsel for petitioner contended that
the Regulations require examination to be conducted twice in an
year. Therefore according to him, minimum three examination
should have been completed from the commencement of the new
regulation introduced in 2004. Petitioner’s case is that they can
write four examinations to be conducted in two years. Since
regulation 8(5) requires temporary licensees to pass examination
within two years from the commencement of the new regulation,
W.P.(C)NO.5155 OF 2006
Page numbers
petitioners should pass examination atleast in three chances as
the result of the last examination can be published only after two
years from the date of commencement of the new regulation.
3. In the circumstances, writ petition is disposed directing
respondents to permit the petitioners to continue as temporary
licensees until results of the next examination is published and
thereafter depending on the results of the examination.
Petitioners 2 and 7 should be permitted to write the examination
being held now.
Writ petition is disposed of.
C.N.RAMACHANDRAN NAIR, JUDGE
jes