9911796707
TMI Blog2001 (4) TMI 105X X X X Extracts X X X X X X X X Extracts X X X X ..... her out of personal difference or out of their being disgruntled or deprivation of their dominance. These factors are not relevant for the purpose of the present writ petition though such an objection was sought to be advanced by the Senior Counsel appearing for the second respondent. 5.The petitioner prays for the issue of a writ of certiorarified mandamus calling for the records relating to the order of the respondent in Ref. : Mis. 106/99/enquiry dated 8-2-2000, quash the same and consequently direct the respondent to accord recognition to the petitioner association under Regulation 25(2) of Customs House Agents' Licensing Regulations (CHALR), 1984. 6.The said writ petition is being opposed by the first respondent who had passed the impugned order as well as the second respondent, who had got itself impleaded as the existing Association of the Customs House Agents at Chennai. We are not concerned with the inter rivalry between the two associations nor we are concerned with rivalry between two set of Custom House Agents. Therefore, it is unnecessary to go into those controversies. 7.Section 2(13) of the Customs Act, 1962 defines the expression "Customs Station". In respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods and conveyance through Customs. The Custom House Agent shall strictly conform to the rates so notified. The role of the Association, if any, is for the limited purpose of consultation by the Commissioner while fixing the rates that may be charged by a Custom House Agent for the services that may be rendered by him in relation to clearance of goods and conveyances through Customs. There is no other role or scope for such a Customs House Agents' Association under the Customs Act or under the Customs House Agents Licensing Regulations, 1984. 10.Sub-regulation (2) of Regulation 25 mandates that a Custom House Agent shall enroll himself as a Member of the Custom House Agents' Association, if there is one registered in the Customs Station and recognised by the Commissioner of Customs. Sub-regulation (2) of Regulation also mandates that each Custom House Agent shall become a member of the recognised Custom House Agents' Association and the recognition being accorded by the Commissioner of Customs in the Customs Station. 11.A reading of Regulations, there is nothing in sub-regulation (2) of Regulation 25 which would indicate that there shall not be more than one Custom House Age ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fairly stated by the learned Additional Solicitor General as well as by Mr. N.R. Chandran, learned Senior Counsel appearing for the second respondent that there is no other statutory provision or Regulation or Notification whatever which bars recognition of more than one Association, nor there is any executive instructions or guidelines exist even as of today as to the recognition of such Associations in the Customs Station by the Commissioner of Customs. Therefore, it is clear and legally permissible that in a Customs Station there could be one or more Customs House Agents' Association. 17.The right to form an Association is guaranteed by the Constitution. But the right to recognition of such Association is regulated by the statutory provisions or guidelines, if any, prescribed in that behalf. But admittedly there is no provision or regulation or notification or guidelines, much less, executive instructions providing that in one Customs Station, there shall be only one Association and that the Commissioner has no power to recognise more than one Association. It is also fairly stated that there is no guidelines or standards prescribing minimum or maximum number of Associations. H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l become a member of the Association, nor he could restrict the number of such Associations in a Customs Station. There is no enabling provision at all which would enable the Commissioner of Customs to restrict the number of Customs House Agents' Association in a Customs Station. Recognition of Association merely enables the said Association for being consulted or the members of the Association or office bearers of the Association to be afforded an opportunity of consultation at the time of fixing the rates or charges. 21.In the light of the said provision it is clear that the solitary reason assigned by the first respondent cannot be sustained in law. From the files, as fairly stated, no other reason is available, nor there is any guideline which prescribes any one or more criteria for recognition of a Customs House Agents' Association. 22.In the circumstances the petitioner is entitled to the rule nisi being made absolute and consequential direction is being issued as prayed for. 23.Mr. N.R. Chandran, learned Counsel for the second respondent though adopted the arguments advanced by the learned Additional Solicitor General, additionally raised the contention that the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may be provided or prescribed regarding filing of such appeals. Whether any right of appeal is conferred on any one against the orders passed under the Customs House Agents Licensing Regulations, 1984 in the hierarchy of proceedings before the authorities has to be judged from the statutory settings of the Act and not de horse with them. Thus unless specifically provided or an Appeal is provided for in the Act we cannot infer that it is an appealable order and the contention to the contra advanced by the learned Senior Counsel appearing for the second respondent cannot be sustained at all and it is overruled. 27.Excepting the solitary objection, as seen from the impugned order there is no other objection or deficiency or disqualification or requirement to comply with any other rule is being pointed out, it follows automatically that the petitioner-Association is entitled for the issue of mandamus as well. 28.In the circumstances, the writ petition is allowed, the impugned order passed by the first respondent is quashed and consequently there will be a direction to the first respondent to accord recognition to the petitioner-Association in terms of Regulation 25 of the Customs H ..... X X X X Extracts X X X X X X X X Extracts X X X X
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