Edwin Andrew Minihan vs The Commissioner Of Customs
2024 Latest Caselaw 13964 Ker

Kerala High Court

Edwin Andrew Minihan vs The Commissioner Of Customs on 28 May, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

WP(C) No.4411/2024                            1/3                        Order Date : 28-05-2024

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
                     Tuesday, the 28th day of May 2024 / 7th 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 coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) 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 : 28-05-2024




                         MURALI PURUSHOTHAMAN, J.
                       ---------------------------------------------
                              W.P (C) No.4411 of 2024
                      ----------------------------------------------
                      Dated this the 28th day of May, 2024


                                     O R D E R

It is submitted by Sri. P.G. Jayashankar, the learned

Standing Counsel that, the step for refund of the amount is

being proceed.

Post on 30.05.2024.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) No.4411/2024 3/3 Order Date : 28-05-2024

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