Madras High Court
S.Satheesh Kumar vs The Spices Board on 25 June, 2018
Author: M.Govindaraj
Bench: M.Govindaraj
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.06.2018
CORAM
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
W.P.(MD)No.13533 of 2018
and
W.M.P.(MD)No.12334 of 2018
S.Satheesh Kumar : 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.
4.Vandanmedu Greengold Cardamom Producer Co.Ltd.,
Rep. by its Director,
K.S.Mathew,
No.171/XV111, VGCPC Building,
Vandanmedu,
Kerala. : Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus, directing the respondents 3 and 4
to conduct auction for sale of cardamom on rescheduled date i.e., 26.06.2018
in view of cancellation of auction scheduled on 22.06.2018 for want of time
in the light of circular issued by the second respondent in his proceedings
No.MKT-AUC/0021/2015, dated 23.06.2018, within the period that may be
stipulated by this Court.
!For Petitioner : Mr.M.Ajmal Khan,
Senior Counsel,
For M/s.Ajmal Associates
For Respondents 1to3 : Mr.E.Omprakash,
Senior Counsel
For Respondent No.4 : Mr.P.Anandhan
:ORDER
The matter relates to auctioning of Cardamom through the fourth respondent. The petitioner is a Cardamom Grower. Originally, auction was scheduled on 22.06.2018, on which day, there was some misunderstanding between the sellers and buyers and, therefore, auction was stopped abruptly in the afternoon. The fourth respondent approached the Spices Board seeking permission to conduct re-auction on 26.06.2018. At the same time, the growers as well as the traders have reached an agreement and are willing to participate in the auction. The same was not accepted by the second respondent, who is the Regulator of the Cardamom sale. Hence, the Writ Petition.
2. The learned Senior Counsel appearing for the petitioner would submit that Cardamom sale is regulated by the Spices Board and without their concurrence, it cannot take place. If the auction is postponed to a longer date, the value of the Cardamom will go down, as it gets dried and faded.
3. The learned Senior Counsel appearing for the respondents 1 to 3 would submit that the respondents 1 and 2 are maintaining transparency and level playing field among the sellers, buyers and auctioneers. Each and every auctioneer can conduct auction thrice in a month. The schedule of auction has already been finalised for the entire month. If one auctioneer is permitted to hold a re-auction in excess of his quota, it will bring in discrimination and favouritism, which will ultimately affect the transparency maintained by the respondents 1 and 2. Therefore, it is not feasible to permit them to conduct re-auction immediately on 26.06.2018. The other reason for not permitting the re-auction on 26.06.2018 is that the shortage of time within which the communication to all the growers cannot be given. Furthermore, the person who approached this Court is only one grower and the stand of other growers is not known. Therefore, the auction cannot be re-scheduled within a short span of time.
4. I have considered the rival submissions made by both sides.
5. Now, the growers as well as traders have reconciled the matter and are willing to give an undertaking before the respondents 1 and 2 that no such untoward incident, which had taken place on 22.06.2018, will repeat. Furthermore, the other circumstances that all the growers are registered with the fourth respondent and if they are directed to sell their products through some other intermediary, they may not get preferential treatment, but, will get only a secondary treatment and less price in the Market, have to be borne in mind. The respondents 1 and 2 have also offered that the fourth respondent can conduct re-auction in anyone of the three days between 28.06.2018 and 30.06.2018.
6. Considering the facts and circumstances of the case, a direction is issued to the growers as well as the traders forthwith to submit an undertaking before the official respondents that they will abide by the Rules and Regulations and will participate in the re-auction without creating any problem. On receipt of such undertaking, the respondents 1 and 2 are directed to consider the same with open mind and take a decision on the feasibility of conducting the re-auction on 26.06.2018 forthwith. The fourth respondent shall communicate the growers and traders immediately, if a decision is taken by the respondents 1 and 2 to permit the fourth respondent to conduct re- auction on 26.06.2018 and shall also file an undertaking that he will bear the consequences both on financial as well as on licensing conditions.
7. Accordingly, the petitioner and the other traders are also directed to make their submissions forthwith before the respondents 1 and 2 and the respondents 1 and 2 shall take a decision forthwith.
8. If it is found by the respondents 1 and 2 that conducting of re- auction on 26.06.2018 is not feasible, it is open to the fourth respondent to choose anyone of the dates between 28.06.2018 and 30.06.2018 for conducting re-auction.
9. The Writ Petition stands disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed.
Note to office:
Issue order copy today (25.06.2018). .