HARI CFS Vs. UNION OF INDIA

JUDGEMENT

(1.) In the first writ petition, the Petitioner who had established a Container Freight Station (CFS) at Thoothukudi, filed the writ petition challenging an order, dated 29.1.2009 passed by the Administrative Officer, (Establishment), Customs house at Thoothukudi. By the impugned demand notice, the Petitioner was directed to pay a sum of Rs. 67,81,209/- towards arrears of establishment charges of Customs Officers posted at the station from January, 2006 to September, 2008.

(2.) In the second writ petition, an another handler of CFS filed the writ petition challenging the demand notice, dated 19.12.2008 demanding a sum of Rs. 3,51,010/- towards establishment charges of Customs Officers posted at CFS for the period from January, 2006 to May, 2006. In the third writ petition, a person who had established an ICD at Thoothukudi challenged the demand notice, dated 19.12.2008 for a sum of Rs. 9,95,975/- towards establishment charges of Customs Offices posted at Inland Container Depot (ICD).

(3.) When these matters came up on 2.4.2009, notices were directed to be served on the Respondents. An interim stay of the demand notices in respect of all the three writ petitions was initially granted for two weeks . Subsequently, the interim orders came to be extended until further orders by a common order, dated 16.4.2009. Aggrieved by the interim order, the Union of India has filed M.P.(MD) No. 1 of 2010 in all the three writ petitions seeking to vacate the interim order together with a supporting affidavit, dated 22.6.2010. A regular counter affidavit, dated Nil (June, 2009) was filed by the third Respondent. They have also filed an additional counter affidavit, dated Nil (May, 2010).