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TMI Blog2015 (4) TMI 925X X X X Extracts X X X X X X X X Extracts X X X X ..... damus or any other appropriate writ, direction or order commanding the respondents to provide all necessary facilities to the petitioners for the courier operations at Thiruvananthapuram International Airport; iii) Declare that the inertia exhibited by the respondents in not permitting the petitioners to resume the courier operations is violative of the petitioners' fundamental rights guaranteed under WPC No.2491/2015 2 Arts.14, 19 and 21 and is bad in law and illegal; iv) direct the respondents to compensate the petitioners for the unreasonable inertia, arbitrary exercise of authority and abuse of office exhibited by them, and for the consequential financial constrains caused to the petitioners. 2. The petitioners are authorised couriers and are in possession of valid courier licenses issued by the 2nd respondent under the Courier Import and Export (Clearance) Regulations, 1998. They were operating in the Thiruvananthapuram International Airport. The licenses of the petitioners were revoked by the 2nd respondent and huge liabilities were sought to be mulcted on the petitioners. The petitioners were able to successfully challenge the revocation orders culminating in Exts.P9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Cargo in Customs Area Regulations, 2009 enjoins that prior to approval of a custodian/customs cargo service provider the conditions under Regulation 6 shall be fulfilled by the applicant to the satisfaction of the Commissioner of Customs. True copy of letter dated 28.1.2015 of the 2nd respondent addressed to the third respondent is produced as Ext.R7. 6. It is stated that the courier terminals are sensitive and vulnerable points for smuggling and hence, the 2nd respondent have to put in place proper and effective control mechanisms and must ensure that necessary facilities and infrastructure provided by the custodian is fool proof and also ensure that adequate staff is provided on a dedicated basis to the terminal. In this connection, the true copy of Alert Circular No.19/2014 dated 23.12.2014 issued by the Directorate of Revenue Intelligence, New Delhi is produced as Ext.R8. It is stated that the appointment of the custodian for handling of courier cargo is a precondition prescribed by statute for allowing courier operations and hence, the courier operations can be allowed only after the statutory requirement is fulfilled. 7. In the counter affidavit filed by the third responden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aff, the telephone connections, hired vehicles etc. and are thus incurring a monthly expense of approximately Rs. 75,000/- each. The losses, though not quantifiable in terms of money would approximately come to about Rs. 40,00,000/- till date, excluding the loss of business, loss of reputation etc. 12. Since 2012, the petitioners have been deprived of their income, solely due to the hasty steps taken by the then Commissioner of Customs and his subordinate officers, it was argued. Arbitrariness of the said action are under challenge before this Court in WPC Nos.30237/2013 and 27431/2013 filed by the petitioners. 13. According to the learned counsel for the petitioners, the inertia on the part of the respondents is also a blatant violation of the directions issued by this Court in Exts.P14 and P15. Admittedly, the petitioners are presently having valid license to work in view of Exts.P13 and P15. Admittedly, in all other Airports and Seaports, courier operations are provided under the CIECR are going on smoothly and in full swing. As a result of the same, all the business handled by the petitioners are now being done by other couriers in the rest of the country. 14. From the line ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions and other formalities with respect to operation of courier terminal would be maintained by the Airport Authority of India's handling agent, the 4th respondent which would be ensured by the Airport Authority of India as custodian. The lease agreement between the 4th respondent and Airport Authority of India for the operation of courier terminal is valid up to March 2015 which would be renewed subsequently. It is further stated in the counter affidavit that the Commissioner of Central Excise & Customs vide their letter C.No.VIII/48/65/2012 Cus.(T)/ 11385 dated 23.9.2014 has intimated that the conditions to be fulfilled by Customs Cargo service provider, guidelines on safety and security of premises where imported or export goods are loaded, unloaded, handled or stored, the details of the measures taken to implement the requirements to be fulfilled for appointment as custodian/customs cargo service provider under Section 45 of the Customs Act, 1962 and the Handling of Cargo in Customs Areas Regulations, 2009 be furnished to consider the Airport Authority of India's request for appointment as custodian/Customs Cargo service provider. A copy of the communication is produced ..... X X X X Extracts X X X X X X X X Extracts X X X X
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