Court orders issuance of Customs House Agents License under CHALR 2004, citing regulations and past precedents.

G. Saravanan Versus UOI, CBEC, CC and CCE

G. Saravanan Versus UOI, CBEC, CC and CCE - TMI Issues:
- Petition for writ of Mandamus directing the 3rd respondent to issue a certificate under Regulation 8 of the Customs House Agents Licensing Regulations (CHALR) 2004.
- Denial of the petitioner's right to a license under new regulations despite being declared 'qualified' in previous examinations.
- Challenge of the new regulations by the petitioner.
- Previous court orders directing the grant of licenses to similarly situated persons.

Analysis:
The judgment delivered by Justice N. Kirubakaran of the Madras High Court addressed the issue of the petitioner seeking a writ of Mandamus to direct the 3rd respondent to issue a certificate under Regulation 8 of the Customs House Agents Licensing Regulations (CHALR) 2004. The petitioner had been declared 'qualified' in written and oral examinations conducted in 1997 and 1999 under the previous regulations. However, due to a revision in the appointment procedure in 2004, the respondents were denying the petitioner the right to a license, insisting on the petitioner undergoing the exam again. The petitioner challenged the new regulations, citing previous court orders that directed the grant of licenses to similarly situated individuals and highlighted instances where licenses were issued to those who had passed tests under the old regulations. In light of these circumstances, the court directed the 3rd respondent to grant the Customs House Agents License to the petitioner within four weeks, emphasizing compliance with Regulation 8 of the CHALR 2004. The writ petition was disposed of without any costs being imposed.