Madras High Court
Puthanatham(Po) vs (R1 Is Deleted Vide Court Order on 26 June, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.(MD)No.4207 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.P.(MD)No.4207 of 2019
and
W.M.P(MD)No.6443 of 2019
Abdullah,S/o.Mohammed Hussain
President,Integrated Manapparai Tk.,
Manavarai& Iravai Pasantharkal Farmer
Association,Reg.No.198 of 2013,1222 East St.,
Puthanatham(Po),
Manapparai Taluk,
Trichy District. ... Petitioner
Vs.
1. (R1 is deleted vide Court order
dated 25.02.2019.
2. The State of Tamil Nadu
Rep.By the Principal Secretary to Govt.,
Agriculture Dept., Fort St. George,
Chennai- 9.
3. The Director,
Tamilnadu Agricultural Dept., Chepauk,
Chennai-5.
1/7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/07/2025 05:49:44 pm )
W.P.(MD)No.4207 of 2019
4. The Secretary (Dare) &
Director General (Icar), Krishi Bhavan,
New Delhi-110 001.
(R4 is Suo Motu Impleaded
Vide Court Order District 08/04/19) ...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a
Writ of Mandamus, to direct the respondents to regulate the illegal manufacturing
and selling of bio-fertilizers Pesticides and other bio-products and take
appropriate action to curb the spurious bio-products by considering the petitioner's
representation dated 26.12.2018 and 15.02.2019.
For Petitioner : Mr.A.Joel Paul Antony
For R2 & R3 : Mr.P.Thilak Kumar
Government Pleader
For R4 : Mr.C.Nandagopal
Central Government Standing Counsel
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ of Mandamus has been instituted to direct the respondents to regulate the illegal manufacturing and selling of bio-fertilizers Pesticides and other bio-products and take appropriate action to curb the spurious bio-products by considering the petitioner's representation dated 26.12.2018 and 15.02.2019.
2/7https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/07/2025 05:49:44 pm ) W.P.(MD)No.4207 of 2019
2. The Director of Agriculture, Chepauk, Chennai has filed a detailed counter affidavit, wherein he has stated as follows:-
".....based on the clause 26A of FCO 1985, the Department of Agriculture, Government of Tamilnadu has issued Notification authorizing the Assistant Director of Agriculture to issue authorization/permission to sell bio-fertilizer in the State. As Per the orders of the Government of India in S.O.3-54(E), dated 23.09.2016, Biofertilizer Certificate o Manufacturing biofertilizer, organic fertilizer without obtaining Certificate of Manufacture. Clause 28(1)(ba) of the Fertilizer Control Order, 1985, inter alia provides that an Inspector (who is the Notified Authority) may draw sample of any biofertiliser in accordance with procedure laid down in Schedule II. The Fertilizer Inspectors are frequently drawing the biofertilizer laboratory located at Tiruchirapalli for ensuring the quality. The Quality Control activities are carried out by the Block Agricultural Officers. Inspection and Samples are taken periodically by respective Officers from the sellers and also from the manufacturing units and send them for analysis to the State Government Notified 3/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/07/2025 05:49:44 pm ) W.P.(MD)No.4207 of 2019 Laboratories for analysis.
The year wise details of Biofertilizer samples taken and the quality standards are given below:
S.No. Year Number of Biofertiliser Remarks Samples Analysed
1. 2016-2017 658 All are standard
2. 2017-2018 654 All are standard
3. 2018-2019 443 440 standard; and
3 Non standard;
(Action Initiated) Hence strict vigil is being maintained to ensure quality as per specified norm with respect to the above 11 bio fertilizers.
As regards Pesticides is concerned, it is submitted that as per G.O.Ms.No 173, Agriculture Department, dated 29.8.2013 and in accordance with section 12 of the Insecticide Act, 1968, the Deputy Director of Agriculture (Plant Protection) is the State Licensing Authority for the manufacturing and block level Licensing Authority for selling Pesticides. So far 134 manufacturing units and 50 State level marketing licence are issued and there are 885 State owned outlets and 7846 private retailoutlets dealing with Pesticides. Under section 21(e) of the Insecticides Act, 1968, the Notified Authority authorised by the State can take samples of 4/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/07/2025 05:49:44 pm ) W.P.(MD)No.4207 of 2019 Pesticides of any Insecticide and send such samples for Analysis to the Insecticide Analyst.
The year wise details of Pesticide samples taken and the quality standards are given below S. Year Total No. of No. of Dept.Action Legal No samples drawn samples Initiated Action found initiated misbranded 1. 2016-2017 21,547 153 55 98 2. 2017-2018 21,759 139 30 109 3. 2019-2019 16,074 110 30 80 Total 59,380 402 115 287
3. It is needless to state that in the event of receiving any complaint against spurious bio-products, the authorities competent are bound to register the case and prosecute the offenders. In the said legal position, the petitioner is at liberty to submit a complaint before the competent authorities and in the event of receiving any such complaint, appropriate action shall be initiated.
4. In view of the above, the writ petition is disposed of. No costs.
Consequently, connected miscellaneous petitions are closed.
(S.M.S., J.) & (A.D.M.C., J.)
26.06.2025
NCC : Yes / No
Index : Yes / No
am
5/7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/07/2025 05:49:44 pm )
W.P.(MD)No.4207 of 2019
To
1. The Principal Secretary to Govt.,
Agriculture Dept., Fort St. George,
Chennai- 9.
2. The Director,
Tamilnadu Agricultural Dept., Chepauk, Chennai-5.
3. The Secretary (Dare) & Director General (Icar), Krishi Bhavan, New Delhi-110 001.
6/7https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/07/2025 05:49:44 pm ) W.P.(MD)No.4207 of 2019 S.M.SUBRAMANIAM, J.
AND DR.A.D.MARIA CLETE, J.
am W.P.(MD)No.4207 of 2019 26.06.2025 7/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/07/2025 05:49:44 pm )