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2018 (10) TMI 226 - MADRAS HIGH COURTProhibition on operation of the petitioner as CHA - case of petitioner is that the respondent is not entitled to pass the impugned prohibition order without affording an opportunity of hearing to the petitioner by putting them on notice - violation of principles of natural justice - Regulation of 23 of Customs Broker Licensing Regulation, 2013. Held that:- Perusal of the said Regulation 23, no doubt, though indicate that no such notice was contemplated, however, the fact remains that the very same issue was already considered by this Court and the learned single Judge allowed the writ petition on the ground that the order of prohibition was passed in violation of principles of natural justice. When the said order was challenged by the Commissioner of Customs, Thoothukudi, the Division Bench, by its order in the case of Commissioner of Customs, Thoothukudi v. Daniel and Samuel Logistics P.Ltd. [2016 (3) TMI 609 - MADRAS HIGH COURT] confirmed the order of the Writ Court and dismiss the Writ Appeal - As the above said decision of the Division Bench of this Court is squarely covering the issue raised in this Writ Petition in favour of the petitioner and no contra decisions of this Court are placed before this Court by the learned counsel appearing for the respondents, this Court is of the view that the petitioner is entitled to succeed. The impugned order is set aside and the matter is remitted back to the respondent for passing fresh order on merits - Petition allowed by way of remand.
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