CHELLA CARGO WINGS Vs. THE COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) Seeking to quash the order of the respondent dated 01.04.2015 and for a direction to the respondent to issue the order of renewal of CHA licence, the petitioner has filed the present writ petition.

(2.) The case of the petitioner is that it is a registered firm having licence to carry on the business in Customs House Agency since 22.04.2004 and the licence was issued in terms of Customs House Agent Licence Regulations 2004 initially for a period of ten years. Before the period to expire on 21.04.2014, the petitioner made a renewal application on 14.03.2014 and said application was returned on 29.03.2014 stating that customs clearance activities at Internal Container Depot (ICD) Salem stood closed since 2009 and as a result petitioner was not carrying out any activities at Salem. The petitioner has submitted that he has been carrying on his activities at Chennai, Tuticorin, Trichy and Bangalore apart from Salem. He contended that the closure of activities at Salem ICD has not caused any prejudice to the petitioner as the licence issued by particular Commissionerate has been used for carrying out business in Customs Agency of other Commissionerates. Since the original licence was issued at Salem, renewal application was made to the first respondent at Salem. Since the application for renewal of licence has not been disposed of, the petitioner filed a writ petition in W.P. No. 31028 of 2014 before this Court. By order dated 28.01.2015, this Court directed the authority at Chennai, to consider the application of the petitioner after affording an opportunity of hearing. It is relevant to extract paragraphs 4 and 5 of the said order, which read as under:

(3.) Instead of considering the application, as directed by this Court, the Chennai Authority viz., the respondent, passed the order, which is impugned in this writ petition. Para 9 of the said order reads as under: