Cardamom Growers Forever Private ... vs The Spices Board on 25 June, 2018

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Madras High Court

Cardamom Growers Forever Private ... vs The Spices Board on 25 June, 2018

Bench: S.S.Sundar

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 25.06.2018  

CORAM   

THE HONOURABLE Mr.JUSTICE S.S.SUNDAR          

W.P.(MD) No.9826 of 2018  
and W.M.P.(MD)No.9032 of 2018   

Cardamom Growers Forever Private Limited  
Rep.by its Managing Director,
M.Arumugam,   
No.12/12, Kamayasamy Street,   
Theni District.
... Petitioner

Vs.
1.The Spices Board, 
   (Ministry of Commerce & Industry Govt of India)
   Rep.by its Secretary,
   Sugantha Bhavan, 
   N.H.By-Pass,
   Post Box No.2277,
   Palarivattom Post,
   Cochin-682 025.

2.The Director (Marketing),
   Spices Board,
   Sugantha Bhavan, 
   N.H.By-Pass,
   Post Box No.2277,
   Palarivattom Post,
   Cochin-682 025.

3.The Assistant Director (Marketing),
   Spices Board, Kurangani Road,
   Bodinayakanur,
   Theni District.
... Respondent

Prayer : Writ Petition is filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus, to direct the first respondent to extend
the auctioneer licence of the petitioner as was granted in respect of other
similarly placed auctioneer licence within the period that may be stipulated
by this Court.

!For Petitioner         : Mr.Ajmal Khan, Senior Counsel 
                                                  for M/s.Ajmal Associates
For Respondents         : Mr.M.E.Om Prakash, Senior Counsel          
                                                  for Mr.S.Jeyasingh


:ORDER

This Writ Petition has been filed by the petitioner for issuance of a Writ of Mandamus, to direct the first respondent to extend the auctioneer licence to the petitioner as it was granted to the other similarly placed auctioneers.

2.It is to be noted that connected Writ Petition in W.P.(MD)No.9825 of 2018 is filed for issuance of a Writ of Mandamus to forbear the first respondent from proceeding further in pursuance to a show cause dated 11.04.2018, without furnishing the copy of the complaint, based on which, such show cause notice was issued. This Court disposed of the said Writ Petition, after recording the fact that the copy of the said complaint of the third party has been furnished to the writ petitioner.

3.The learned counsel appearing for the respondents submitted that the petitioner has filed a petition in Crl.M.C.No.3605 of 2018 before the High Court, Kerala at Ernakulam to quash the First Information Report registered on 17.04.2018 in FIR No.0537 of 2018 on the file of the Palarivattom Police Station, Ernakulam City, Kerala, for the offence punishable under Sections 406, 420, 465, 468, 471 and 34 IPC. The learned counsel for the respondents further submitted that the compliant against the petitioner, which was registered in FIR.No.0537 of 2018 is the basis for the respondent to initiate proceedings of cancellation of licence against the petitioner.

4.The learned counsel appearing for the respondents further referred to the interim order passed by the High Court of Kerala at Ernakulam in Crl.M.C.No.3605 of 2018, dated 11.06.2018, which reads as follows:

?Admit. Learned standing counsel appears for R1. After hearing all the parties concerned, I am of the view that the licence of the petitioner shall be renewed subject to the final outcome of this Cr.M.C. I do so.

Post after a week.?

5.The learned counsel appearing for the respondents further submitted that by virtue of the order passed in Crl.M.C.No.3605 of 2018, as recorded above, the petitioner is entitled to continue the auction till the final order would be passed in Crl.M.C.No.3605 of 2018 by the High Court, Kerala at Ernakulam. Since the relief has already been obtained before the High Court of Kerala at Eranakulam and the petitioner has got protection to act as auctioneer, by virtue of the order passed by the High Court of Kerala, no further order is required in this Writ Petition as it may run counter to the final order, which may be passed in Crl.M.C.No.3605 of 2018.

6.Since the submission of the learned counsel appearing for the respondents is only to the effect that the petitioner has got the benefit of order, by which, his licence has to be renewed and it is clear that as long as the High Court of Kerala decides against the petitioner in Crl.M.C.No.3605 of 2018, the petitioner's right and interest is fully protected.

7.The learned counsel appearing for the respondents further submitted that the respondents will consider the petitioner's application for renewal in terms of the orders passed in Crl.M.C.No.3605 of 2018.

8.In view of the above, no further adjudication is required in this Writ Petition. Accordingly, this Writ Petition is closed. Consequently, connected Miscellaneous Petition is also closed.

1.The Secretary, The Spices Board, (Ministry of Commerce & Industry Govt of India) Sugantha Bhavan, N.H.By-Pass, Post Box No.2277, Palarivattom Post, Cochin-682 025.

2.The Director (Marketing), Spices Board, Sugantha Bhavan, N.H.By-Pass, Post Box No.2277, Palarivattom Post, Cochin-682 025.

3.The Assistant Director (Marketing), Spices Board, Kurangani Road, Bodinayakanur, Theni District.

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