WP(C) NO. 3461 OF 2025 1 2025:KER:29036 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 3461 OF 2025 PETITIONER(S): FALCON INFRASTRUCTURES LIMITED POST BOX NO.4030, PUTHIYA ROAD JUNCTION UDYOGAMANDAL P.O, KOCHI, PIN – 683 501. REPRESENTED BY ITS MANAGING DIRECTOR MR.N.A.MUHAMMED KUTTY, BY ADVS. ADITYA UNNIKRISHNAN NIVEDITA A.KAMATH BINISHA BABY HARIKRISHNAN K.U. ARAVIND RAJAGOPALAN MENON ANIL D. NAIR (SR.) RESPONDENT(S): THE COMMISSIONER OF CUSTOMS CUSTOMS HOUSE, WILLINGDON ISLAND KOCHI, PIN – 682 009. BY ADV P.R SREEJITH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 3461 OF 2025 2 2025:KER:29036 BECHU KURIAN THOMAS, J. ......…............................................. W.P.(C) No.3461 of 2025 …................................................ Dated this the 4th day of April, 2025 JUDGMENT Petitioner seeks for the following reliefs :- i)call for the records leading to issuance of Exhibit P9 and quash the same by issuing a writ of certiorari; ii)pending hearing and final disposal of the Writ Petition, this Hon’ble Court be pleased to grant stay of all further proceedings pursuant to Exhibit P9. 2. Petitioner requested for de-notifying the Container Freight Station [for short, ‘CFS’]. By Ext.P9 order, the petitioner was directed to produce a no objection certificate regarding the shifting of uncleared/unclaimed cargo lying at petitioner’s facility to any other facility [ICD/CFS/AFS] within the jurisdiction of Customs House, Cochin. 3. According to the petitioner, as a custodian of the property, it cannot be called upon to produce NOC from other facilities, and it is a duty cast upon the Principal Commissioner to transfer the goods to some other secured location. It is also pleaded that, petitioner is not empowered to shift the cargo, as the said power is vested with the Principal Commissioner of Customs. 4. I have heard Sri.Anil D. Nair, the learned Senior Counsel instructed by WP(C) NO. 3461 OF 2025 3 2025:KER:29036 Smt.Binisha Baby, the learned counsel for the petitioner as well as Sri.P.R.Sreejith, the learned Standing Counsel for the respondent. 5. Though the petitioner claims that it is a requirement of the Commissioner of Customs to identify a separate facility, prima facie, I am not inclined to accept the said contention, as the request for de-listing emanated from the petitioner. However, the said question need not be considered in the instant case, since the learned Standing Counsel submits that the Commissioner of Customs has already passed an order on 17.02.2025. It was also submitted that various conditions have been imposed in the said order. 6. Since the Commissioner of Customs has already passed an order, I am of the view that this writ petition need not be prosecuted further, as the petitioner can, if aggrieved by the order issued on 17.02.2025, initiate appropriate proceedings in accordance with law. The contention raised by the petitioner in this writ petition is left open to be agitated, if required, at a later stage. The writ petition is disposed of. sd/- BECHU KURIAN THOMAS JUDGE AMV/04/04/2025 WP(C) NO. 3461 OF 2025 4 2025:KER:29036 APPENDIX OF WP(C) 3461/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF CIRCULAR NO.20/2021 DATED 16.8.2021 ISSUED BY THE DIRECTOR (ANTI SMUGGLING), GOVERNMENT OF INDIA, DEPARTMENT OF REVENUE EXHIBIT P2 TRUE COPY OF THE SAID APPLICATION DATED 6.8.2024 REQUESTING THEM TO REMOVE THE CARGO FROM THE AREA AND RELEASE THE SAID AREA DULY DE-NOTIFIED EXHIBIT P3 TRUE COPY OF ONE SUCH LETTER DATED 6.9.2024 ISSUED BY THE ASSISTANT COMMISSIONER OF CUSTOMS EXHIBIT P4 TRUE COPY OF LETTER DATED 21.10.2024 ISSUED BY THE ASSISTANT COMMISSIONER OF CUSTOMS (WAREHOUSE/DISPOSAL) TO THE PETITIONER EXHIBIT P5 TRUE COPY OF ONE SUCH CORRESPONDENCE DATED 23.10.2024 ISSUED BY THE RESPONDENT EXHIBIT P6 TRUE COPY OF LETTER/EMAIL DATED 11.10.2024 ISSUED BY THE PETITIONER EXHIBIT P7 TRUE COPY OF LETTER DATED 24.10.2024 EXHIBIT P8 TRUE COPY OF JUDGMENT DATED 8.1.2025 IN W.P. (C) NO.393/2025 EXHIBIT P9 TRUE COPY OF LETTER DATED 20.1.2025