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2025 Supreme(Online)(Ker) 46446

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M., JJ
THE DEPUTY COMMISSIONER OF CUSTOMS – Appellant
Versus
BELSI – Respondent


Advocates:
For the Appellants/Petitioners: SMT.PREETHA S.NAIR, SRI.R.HARISHANKAR

Table of Content
1. dispute over unaccompanied baggage clearance. (Para 2 , 3)
2. definition of consumer and its applicability. (Para 5 , 6)
3. authority and jurisdiction regarding appeals. (Para 8 , 14)
4. customs department not liable under consumer law. (Para 11 , 15)
5. decision to allow writ appeal based on jurisdiction. (Para 16)

JUDGMENT

C.R.

[WA No.1769 of 2022]

SUSHRUT ARVIND DHARMADHIKARI, J.

The present intra court appeal under Section 5 of the Kerala High Court Act, 1958 assails the judgment dated 10.10.2022 passed in WPC No.8525 of 2009 whereby the learned Single Judge has dismissed the Writ Petition on the ground of alternate remedy.

2. The appellant had filed the Writ Petition praying for the following reliefs:

“i) Call for the records relating to Exhibits. P3 and P4 and quash the same by the issuance of a Writ of Certiorari or any other appropriate Writ, Order or Direction;

ii) Declare that the officers of the Customs Department while exercising their functions under the Customs Act are not liable to be proceeded against under the provisions of Consumer Protection Act;

iii) Declare that in the facts and circumstances of this case the District Consumer Redressal Forum, Thiruvan

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