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TMI Blog2016 (4) TMI 833X X X X Extracts X X X X X X X X Extracts X X X X ..... ve remedy by way of an appeal and without exhausting the same, when there is no violation of principles of natural justice, the Writ Petition cannot be entertained. Since an alternative remedy by way of an appeal is available to the petitioner, it is open to the petitioner to challenge the impugned order before the Appellate Authority by way of an appeal in accordance with law. - Decided against the petitioner - W. P. No. 639 of 2016 and W.M.P.Nos.457 & 458 of 2016 - - - Dated:- 18-4-2016 - M. Duraiswamy, JJ. For the Petitioner : Mr. B. Satish Sundar For the Respondent : Mrs. Mallika Srinivasan ORDER The petitioner has filed the above Writ Petition to issue a writ of certiorarified mandamus to call for the records of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... artment, IEC Certificates issued by the Director General of Foreign Trade, PAN Cards issued by the Income Tax Department were also obtained in respect of each of the Firm, wherever applicable. The necessary import documents like Commercial Invoices, Packing Lists, Bill of Lading and other documents in respect of each of the Firms were furnished by one K.T.Kuppiah. After obtaining the said documents and on verification of the same, the petitioner filed Bills of Entry for the Firms/individuals with the respondent for causing importation. The Customs Department, after due verification of the goods in question, permitted the same to be cleared for home consumption on payment of appropriate duties. The Directorate of Revenue Intelligence, Mumbai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner has got an alternative remedy of appeal under Regulation 22 of the Custom House Agents Licensing Regulation, 2004. The learned counsel appearing for the petitioner submitted that since the respondent had reversed the findings of the Enquiry Officer without giving an opportunity to the petitioner, the Writ Petition filed by the petitioner is maintainable in respect of Regulation 22. 5. According to the respondent, on receipt of the Enquiry Report dated 31.03.2013 from the Enquiry Officer, the same was forwarded to the petitioner on 18.04.2013 and the petitioner had submitted their representation dated 08.05.2013. Further, in compliance of the provisions of Regulation 20 (7), the respondent granted a personal hearing to the Customs Br ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... challenge the said order by filing an appeal. 6. The learned counsel appearing for the petitioner relied upon an unreported order of this Court passed in W.P.Nos.3374 of 2015 etc dated 27.10.2015, wherein this Court held that when a time limit is prescribed in Regulations, which empowers action under Regulation 18 by following the procedure in Regulation 20(1), the use of the term shall cannot be termed as directory and under such circumstances, the Rule can only be termed as mandatory . 7. In view of the reasons stated above, I am of the view that the petitioner has got an alternative remedy by way of an appeal and without exhausting the same, when there is no violation of principles of natural justice, the Writ Petition cannot be en ..... X X X X Extracts X X X X X X X X Extracts X X X X
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