Kerala High Court
Edwin Andrew Minihan vs The Commissioner Of Customs on 6 June, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.4411/2024 1/3 Order Date : 06-06-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Thursday, the 6th day of June 2024 / 16th Jyaishta, 1946
WP(C) NO. 4411 OF 2024
PETITIONER:
EDWIN ANDREW MINIHAN, AGED 50 YEARS, S/O. OYEN, P.O. BOX NO.454982
DUBAI, U.A.E AND NOW RESIDING AT GEO GARDENS RESIDENCY, SUB JAIL
ROAD, PERIYAR NAGAR, ALUVA, ERNAKULAM DISTRICT, PIN-683101
RESPONDENTS:
1. THE COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, WILLINGDON ISLAND,
COCHIN, PIN-682009
2. ASSISTANT COMMISSIONER OF CUSTOMS, OFFICE OF THE COMMISSIONER OF
CUSTOMS, CUSTOM HOUSE, WILLINGDON ISLAND, COCHIN, PIN-682009
3. SUPERINTENDENT OF CUSTOMS (REFUNDS) OFFICE OF THE COMMISSIONER OF
CUSTOMS, CUSTOM HOUSE, WILLINGDON ISLAND, COCHIN, PIN-682009
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 2nd respondent to refund the security deposit of Rs.
28 lakhs, covered by Ext.P-9, to the Petitioner, pending disposal of the
Writ Petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
28/5/2024 and upon hearing the arguments of M/S. M.S.SAJEEV KUMAR, LAKSHMI
S KUMAR & A.N.JYOTHILEKSHMI, Advocates for the petitioner, and of SRI.
P.G. JAYASHANKAR, Advocate for the respondents, the court passed the
following:
WP(C) No.4411/2024 2/3 Order Date : 06-06-2024
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P (C) No.4411 of 2024
----------------------------------------------
Dated this the 6th day of June, 2024
O R D E R
The learned Standing Counsel, on instructions, submits
that orders have been passed for refund of the security
deposit.
2. The learned Counsel for the petitioner submits that
the amount pursuant to any such orders have not been
received by the petitioner.
3. The learned Standing Counsel submits that the
amount will be disbursed on or before 11.06.2024.
Post on 12.06.2024.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SRJ
WP(C) No.4411/2024 3/3 Order Date : 06-06-2024
APPENDIX OF WP(C) 4411/2024
Exhibit P1 TRUE COPY OF THE ORDER-IN-ORIGINAL NO.6/2017 DATED
25-01-2017
Exhibit P2 TRUE COPY OF THE ORDER-IN-ORIGINAL NO.16/2020 DATED
14-02-2020
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 26-03-2019
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 04-12-2023 IN
CRL.APPEAL NO.1202/2019 PASSED BY THIS HON'BLE COURT
Exhibit P5 TRUE COPY OF THE ORDER DATED 04-12-2023 IN CRL.MC
NO.4257/2019 PASSED BY THIS HON'BLE COURT
Exhibit P6 TRUE COPY OF THE CRL.M.A NO: 1/2020 FILED BY THE
PETITIONER
Exhibit P7 TRUE COPY OF THE ORDER DATED 11-10-2021 PASSED BY THIS
HON'BLE COURT
Exhibit P8 TRUE COPY OF THE ORDER DATED 25-10-2021 PASSED BY THIS
HON'BLE COURT
Exhibit P9 TRUE COPY OF THE MISCELLANEOUS CHALLAN BEARING NO: CM
225 DATED 26-10-2021
Exhibit P10 TRUE COPY OF THE CRI.M.A NO: 1/2022 WITH ANNEXURE R1
(I) IN CRL.M.C NO: 4257/2019 FILED BY THE PETITIONER
Exhibit P11 TRUE COPY OF THE ORDER DATED 10-08-2022 IN CRL.M.C NO:
4257/2019 PASSED BY THIS HON'BLE COURT
Exhibit P12 TRUE COPY OF THE ORDER DATED 13-02-2023 PASSED BY THIS
HON'BLE COURT
Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 24-01-2024 PASSED BY
THIS HON'BLE COURT
Exhibit P14 TRUE COPY OF THE APPLICATION DATED 23-12-2023
Exhibit P15 TRUE COPY OF THE LETTER DATED 22-01-2024
