Prior quashing of show cause notice for timeline violation invalidates subsequent suspension continuation order.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-04-2026 CORAM THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and WMP.Nos.32141 & 32142 of 2025 RASPN Shipping Services Pvt. Ltd., Old No. 46, New No.91, Office No. 3 First Floor, Thambu Chetty Street, Chennai - 600 001 Rep By Director Mr.V.Ravi ..Petitioner(s)

Vs The Commissioner Of Customs (General), Chennai Customs Zone

60 Rajaji Salai, Custom House, Chenani 600 001.

..Respondent(s)

Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Certiorari, calling for the records of the respondent herein pertaining to order No. 12/2025 dated 24.07.2025 in F.No. GEN/CB/31/2025-CBS, thereby ordering for the continuous of the suspension of the CB license No. R-120/CHA (PAN No.AACCR9247F) of the petitioner company M/s. RASPN shipping service Pvt. Ltd., with immediate effect in terms of Regulation 16(2) 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 under the constitution of Indian.

For Petitioner(s): Mr.S.Baskaran For Respondent(s): M/S.Sai Srujan Tayi, Senior Standing Counsel

ORDER

This Writ Petition is filed seeking issuance of a Writ of Certiorari, calling for the records of the respondent herein pertaining to order No. 12/2025 dated 24.07.2025 in F.No. GEN/CB/31/2025-CBS, whereby the continuation of the suspension of Customs Broker License No. R-120/CHA (PAN No.AACCR9247F) of petitioner company M/s. RASPN shipping service Pvt. Ltd., with immediate effect in terms of Regulation 16(2) 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 under the constitution of India.

2. It is submitted by the learned counsel for petitioner submitted that this Court in W.P.No.2766 of 2026 dated 23.03.2026 had quashed the Show cause notice as well as the enquiry report on the premise that both have been made without adhering to the timeline prescribed under Section 17 of the Customs Brokers Licensing Regulations, 2018. It was thus submitted that the present order continuing the suspension would no longer survive.

3. Learned Senior Standing Counsel for the respondent would also agree to the submission made by the learned counsel for petitioner.

4. In view of the above, the order continuing the suspension No.12/2025 dated 24.07.2025 in F.No.GEN/CB/31/2025-CBS is quashed. Accordingly, the Writ Petition stands disposed of. No Costs. Consequently, connected miscellaneous petitions are closed.