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TMI Blog2013 (10) TMI 1055X X X X Extracts X X X X X X X X Extracts X X X X ..... essee. - WP (C). No. 24635 of 2013 (D) - - - Dated:- 10-10-2013 - P. R. Ramachandra Menon,JJ. JUDGMENT The petitioner is challenging the correctness and sustainability of Ext.P3 order passed by the respondent, whereby the request made by the petitioner to permit the petitioner to resume the courier business on the strength of the licence issued earlier (which was originally set aside/revoked by the respondent and which later came to be intercepted by virtue of the order passed by the Chief Commissioner vide Ext.P2), was turned down. 2. The petitioner was granted necessary licence to run the courier business in the Trivandrum International Airport, who was pursuing the operation as above. But the licence came to be revoked by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e operating courier business in the very same Airport came to be suspended), on filing appropriate proceedings before the respondent, the matter was caused to be considered, also in the light of the observations made by the Chief Commissioner about the enquiry report of the Enquiry Officer, holding that the enquiry report was not acceptable. In the said circumstances, the respondent himself has observed that he does not want to go into the merits of the case, in view of the above finding of the Chief Commissioner. Accordingly, as per order bearing No.10/2013 (CUS.TECH) dated 02.08.2013 a 'finding' (as given in paragraph 41) and an 'order' (as given in paragraph 42) were arrived at, which are reproduced herein below : "41. I have carefully ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... RS 1. Shri. Joannes George C. Asst. Commissioner 2. Shri. G.Vivekanad Appraiser 3. Shri. Biju J.Mathew Superintendent 42. Accordingly I pass the following Order. ORDER The order of suspension of licence of M/s. Trident Courier Cargo is hereby revoked temporarily subject to the outcome of inquiry report and the party is allowed to resume the work, for the time being. This order will not be taken as a precedence in any other case. This order is issued without prejudice to any other action that may be issued against M/s. Trident Courier Cargo or any other person(s) concerned under the Customs Act, 1962, or any other law for the time being in force." 5. In view of the turn of events, this Court finds that a similar treatment ( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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