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2012 (11) TMI 155

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..... espondents : Mr. P. Mahadevan O R D E R Heard the learned counsel appearing for the petitioner, as well as the learned counsel appearing on behalf of the respondents. 2. It has been stated that the petitioner had appeared in the Customs House Agent written examination and the oral examination, held under Regulation 9 of the Customs House Agents Licensing Regulations, 1984. It had been declared that the petitioner had qualified in the examinations by the communication issued by the office of the Commissioner of Customs. 3. It had been further stated that the grant of licence to the petitioner, as customs house agent is governed by the Customs House Agents, Licencing Regulations, 1984. The Regulations had been issued, origina .....

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..... ed 26.9.2011. 5. It had been further stated that a Division Bench of the Gujarat High Court had quashed the new regulations issued in the year, 2004, by its order, dated 1.10.2010, in Ravindra K.Joshi Vs. Union of India (2011 (267) E.L.T 337 (Guj.). It had been further stated that, in G.Saravanan Vs. Union of India and others, this Court, by its order, dated 28.9.2011, made in W.P.No.11699 of 2011, had directed the Commissioner of Customs (CHA Section) Chennai, to issue Customs House Agents Licence to the petitioner therein. In the said writ petition, the petitioner had passed the written as well as the oral examination, prior to the coming into force of the new regulations issued in the year, 2004. The petitioner in the present writ pe .....

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..... ouse Agents Licensing Regulations, 1984, which were existing prior to the coming into force of the new regulations in the year, 2004. 8. In such circumstances, in view of the contentions raised on behalf of the petitioner and in view of the decisions cited supra, this Court finds it appropriate to direct the respondents to issue the necessary certificate granting the Customs House Agents Licence to the petitioner, as per Regulation 9 of the Customs House Agents Licencing Regulations, 2004, on the petitioner complying with the requirements prescribed under Regulation 10 of the said regulations, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is ordered accordingly. No costs. - - TaxTM .....

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