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2013 (2) TMI 63

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..... lation 10 of the said regulations. - Writ Petition No.28301 of 2011 - - - Dated:- 30-8-2012 - MR. M. JAICHANDREN J. For Petitioner: Mr. Joseph Prabakar For Respondents: Mr. K. Ravindranath (SCGSC) (R1) Mr. P. Mahadevan (R2) Mr. E. Vijayanand, (R3) ORDER 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 o .....

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..... in the oral examination after the new regulations had come into force. The writ appeal filed against the said order, by the Department of Customs, in W.A.No.1182 of 2011, had been dismissed by this Court, by its order, dated 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 .....

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..... the Customs House Agents Licence, as per the new regulations issued in the year, 2004. There is no dispute that the petitioner had passed the written, as well as the oral examination under Regulation 9 of the Customs House 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 .....

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