IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice MOHAMMED SHAFFIQ
M/S.PENTAGON SHIPPING SERVICES – Appellant
Versus
THE COMMISSIONER OF CUSTOMS – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-03-2026 CORAM THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and WMP.No.21631 of 2025 M/s.Pentagon Shipping Services No. 5 Moore Street, Chennai -600 001 Rep by Its Proprietor Mr E.V Subramanian ..Petitioner(s)
Vs The Commissioner Of Customs General Commissionerate, Chennai Customs Zone, 60 Rajaji Salai Custom House, Chennai 600 001.
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Certiorari, to call for records of the respondent herein pertaining to order No.08/2025 dated 06.05.2025 in F.No. GEN/CB/621/2024-CBS, thereby suspending the License No. R-300 /CHA of the petitioner concern, M/s.Pentagon shipping services (PAN.No. AYSPS9545E) with immediate effect in terms of Regulation 16(1) of the Customs Broker Licensing Regulation 2018 and to quash the same in so far as the said impugned order had been passed without jurisdiction and authority of law and in utter violation to the principles of natural justice and in gross violation to the fundamental rights guaranteed to the petitioner herein under the constitution.
For Petitioner(s): Mr.S.Baskaran For Respondent(s): Mr.J.Vasu Junior Standing Counsel
ORDER
This Writ Petition has been filed seeking issuance of a Writ of Certiorari, calling for the records pertaining to Order No.08/2025 dated 06.05.2025 in F.No. GEN/CB/621/2024-CBS, whereby the License No. R-300 /CHA of petitioner concern was suspended with immediate effect in terms of Regulation 16(1) of the Customs Broker Licensing Regulation, 2018 and to quash the same, in so far as the said impugned order had been passed without jurisdiction and authority of law and in utter violation to the principles of natural justice and in gross violation to the fundamental rights guaranteed to the petitioner herein under the constitution.
2. Learned counsel for petitioner would submit that the Writ Petition would no longer survive, inasmuch as pursuant to the above order of suspension, a Show cause notice came to be issued on 06.06.2025 and the same came to be challenged by way of a Writ Petition in W.P.No.22114 of 2025 dated 05.02.2026, which was allowed by order dated 05.02.2026, on the premise that Show cause notice had been issued in contravention of Regulation 17(1) of CBLR, 2018, and the issue stood covered by the Division Bench judgment of this Court in the case of Santon Shipping Services vs. The Commissioner of Customs in C.M.A.No.730 of 2016 dated 13.10.2017.
Consequently, the Show cause notice was quashed.
3. Learned counsel for petitioner would submit that in view of the fact that the Show cause notice has been quashed, the suspension order would also automatically not survive.
4. Learned Junior Standing Counsel appearing for respondent would also agree to the submission made by the learned counsel for petitioner.
5. In view of the above, the impugned suspension order No.08/2025 dated
06.05.2025 is quashed. Accordingly, the Writ Petition stands disposed of. No Costs. Consequently, connected miscellaneous petition is closed.
09-03-2026 (1/2)
Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ANU To The Commissioner Of Customs General Commissionerate, Chennai Customs Zone, 60 Rajaji Salai Custom House, Chennai 600 001.
MOHAMMED SHAFFIQ, J.
ANU and WMP.No.21631 of 2025
09-03-2026
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