Kerala High Court
The Cashew Export Promotion Council Of ... vs Union Of India on 6 July, 2021
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) No.12622/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
IA.NO.3/2021 IN WP(C) NO. 12622 OF 2021(C)
PETITIONERS/PPETITIONERS:
1. THE CASHEW EXPORT PROMOTION COUNCIL OF INDIA CASHEW BHAVAN,
MUNDAKKAL WEST, KOLLAM 691 001, REPRESENTED BY ITS JOINT
DIRECTOR MR. BIJU, KARUNAKARAN.
2. MR. MOHAMED NOWFAL ABDUL SALAM, ROYAL FOOD EXPORTERS, 29/173,
PATTATHIL AYATHIL P.O. KOLLAM 691 017.
RESPONDENTS/RESPONDENTS:
1. UNION OF INDIA, MINISTRY OF COMMERCE AND INDUSTRY, NEW DELHI 110
107.
2. THE DIRECTORATE GENERAL OF FOREIGN TRADE, OFFICE OF THE DIRECTOR
GENERAL OF FOREIGN TRADE, UDYOGABHAVAN, NEW DELHI 110011.
3. ADDL R3. AGRICULTURAL AND PROCESSED FOOD PRODUCTS EXPORT
DEVELOPMNENT AUTHORITY (APEDA), 3RD FLOOR, NCUI BUILDING 3, SIRI
INSTITUTIONAL AREA, AUGUST KRANTI MARG (OPP.ASIAD VILLAGE), NEW
DELHI-110016. ADDL.R3 IS IMPLEADED AS PER ORDER DATED 06.07.2021 IN
IA 2/2021 IN WP(C)12622/2021
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to grant stay of
operation of said advertisement pending disposal of the Writ
Petition.
This Application coming on for orders ON 06/07/2021 upon
perusing the application and the affidavit filed in support thereof,
and upon hearing the arguments of SRI.ANIL D. NAIR, SRI.R.SREEJITH,
SMT.TELMA RAJU, SRI.SANGEETH JOSEPH JACOB, SMT.CHRISTINA ANNA PAUL,
Advocates for the petitioners in IA 3/2021 and WP(C) 12622/2021,
CENTRAL GOVERNMENT COUNSEL for the respondents 1 & 2 in IA 3/2021 IN
WP(C) 12622/2021 and of ASSISTANT SOLICITOR GENERAL OF INDIA for the
respondent 3 in IA 3/2021 and WP(C) 12622/2021, the court passed the
following:
WP(C) No.12622/2021 2/4
EXHIBIT P2:TRUE COPY OF PUBLIC NOTICE NO.6 OF 2015-2020 DATED
14.06.2021
EXHIBIT P4: TRUE COPY OF THE ADVERTISEMENT ISSUED BY THE THIRD
RESPONDENT.
WP(C) No.12622/2021 3/4
T.R.RAVI, J.
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W. P. (C). No. 12622 of 2021
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Dated this the 6th day of July, 2021
ORDER
I.A.No. 2 of 2021
The 3rd respondent is directed to be impleaded as additional 3rd respondent in the writ petition. Registry to make necessary changes. The Assistant Solicitor General of India takes notice for the 3rd respondent.
I.A. No. 1 of 2021
Allowed.
I.A. No. 3 of 2021 This petition has been filed seeking to stay the operation of Ext.P4 advertisement issued by the additional 3rd respondent, wherein it has been stated that the cashew exporters are invited to get themselves registered with APEDA and obtain Registration- Cum-Membership-Certificate (RCMC). It is also stated that such persons who already have an RCMC can get their registration endorsed from APEDA within one month from the issue of this advertisement. Apparently Ext.P4 has been issued on the strength of Ext.P2 public notice, whereby the commodities which were within the purview of the 1st petitioner were brought under the WP(C) No.12622/2021 4/4 W. P. (C). No. 12622 of 2021 2 purview of the additional 3rd respondent. Paragraph 2 of Ext.P2 specifically says that the registrations already issued by the 1 st petitioner will remain valid for the rest of the validity period. As such it is pointed out that persons who already have registration, which is valid as per Ext.P2 need not have to get a further endorsement from the 3rd respondent in the light of Ext.P2. The said submission is prima facie found to be correct. It is clarified that Ext.P4 need not be understood as taking away any right available as per paragraph 2 of Ext.P2.
WP(C) No. 12622 of 2021
The respondents to place on record their counter affidavit/statement within 3 weeks. Post on 28.07.2021.
Sd/-
T.R.RAVI, JUDGE Pn 06-07-2021 /True Copy/ Assistant Registrar