Kerala High Court
Kerala State Co-Operative Rubber ... vs The Union Of India on 27 June, 2023
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) No.20883/2023 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
Tuesday, the 27th day of June 2023 / 6th Ashadha, 1945
WP(C) NO. 20883 OF 2023(I)
PETITIONER:
KERALA STATE CO-OPERATIVE RUBBER MARKETING FEDERATION LIMITED, POST
BOX NO. 15, GANDHI NAGAR, KOCHI - 682 020, REPRESENTED BY ITS
MANAGING DIRECTOR (IN CHARGE) BABY SAJI K.K.
RESPONDENTS:
1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF
CHEMICALS AND FERTILISERS, DEPARTMENT OF FERTILISERS, SASTHRI
BHAWAN, NEW DELHI - 110 001.
2. THE ADDITIONAL SECRETARY, MINISTRY OF CHEMICALS AND FERTILISERS,
DEPARTMENT OF FERTILISERS, GOVERNMENT OF INDIA, SHASTRI BHAWAN, NEW
DELHI - 110 001.
3. THE PRINCIPAL SECRETARY, DEPARTMENT OF AGRICULTURE, GOVERNMENT OF
KERALA, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
4. THE ADDITIONAL DIRECTOR OF AGRICULTURE, DIRECTORATE OF AGRICULTURE
DEVELOPMENT AND FARMERS WELFARE DEPARTMENT, VIKAS BHAVAN,
THIRUVANANTHAPURAM - 695 033.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue an interim direction commanding the respondents to
immediately provide access to the petitioner into the new module developed
for the sale of subsidized fertilizers and to facilitate conduct of
business by the petitioner in both the units covered by Exhibits P1 and
P1(a) pending disposal of the writ petition (civil).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.P.K.SURESH KUMAR (SENIOR ADVOCATE) along with M/S. K.P.SUDHEER &
SHERRY M.V., Advocates for the petitioner, DEPUTY SOLICITOR GENERAL OF
INDIA for R1 & R2 and of GOVERNMENT PLEADER for R3 & R4, the court passed
the following:
WP(C) No.20883/2023 2/3
ORDER
Admit.
The Deputy Solicitor General of India takes notice for respondent Nos: 1 and 2.
The Government Pleader takes notice for respondent Nos. 3 and 4.
There will be an interim direction to respondent Nos: 1 and 2 to immediately provide access to the petitioner into the new module developed for the sale of subsidized fertilizers and to facilitate conduct of business by the petitioner as long as Exts.P1 and P1(a) is in force.
Post along with WP(C) No: 20886/2023.
Sd/- P.V.KUNHIKRISHNAN, JUDGE
27-06-2023 /True Copy/ Assistant Registrar
WP(C) No.20883/2023 3/3
APPENDIX OF WP(C) 20883/2023
EHIBIT P 1 TRUE COPY OF LICENSE ISSUED TO THE PETITIONER IN
RELATION TO ITS UNIT AT CHELANNUR IN KOZHIKODE DISTRICT DATED 22.12.2022.
EXHIBIT P 1 ( a ) TRUE COPY OF LICENSE ISSUED TO THE PETITIONER IN RELATION TO ITS UNIT AT CHADAYAMANGALAM IN KOLLAM DISTRICT DATED 29.10.2021.