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Kerala High Court

Green Cardamom Trading Company vs The Spices Board on 23 October, 2018

Author: Anu Sivaraman

Bench: Anu Sivaraman

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    TUESDAY ,THE 23RD DAY OF OCTOBER 2018 / 1ST KARTHIKA, 1940

                        WP(C).No. 32046 of 2018



PETITIONER/S:


                GREEN CARDAMOM TRADING COMPANY
                BUILDING NO.32, W/45-1, RAILWAY STATION ROAD,
                BODINAYAKANUR, THENI, TAMIL NADU -625 513,
                REPRESENTED BY ITS MANAGING PARTNER M. SANKAR.

                BY ADVS.
                SRI.P.RAMAKRISHNAN
                SMT.ASHA K.SHENOY
                SRI.C.ANIL KUMAR
                SRI.PRATAP ABRAHAM VARGHESE
                SMT.PREETHI RAMAKRISHNAN (P-212)
                SRI.T.C.KRISHNA



RESPONDENT/S:
       1      THE SPICES BOARD
              SUGANDHA BHAVAN, N.H. BYEPASS, PB NO. 2277,
              PALARIVATTOM P.O., KOCHI - 682 025
              REPRESENTED BY ITS SECRETARY.

      2         THE SECRETARY
                SPICES BOARD, SUGANDHA BHAVAN, N.H.BYEPASS,
                PB NO.2277, PALARIVATTOM PO, KOCHI-682025.

                BY ADVS.
                SMT.K.RADHAMANI AMMA, SC, SPICES BOARD
                SRI.ANTONY MUKKATH, SC, SPICES BOARD


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                        2
WP(C).No. 32046 of 2018


                                 JUDGMENT

The petitioner has approached this Court seeking the following prayers:

a) Issue a writ of mandamus, or any other appropriate writ or order, directing the 2nd respondent to consider and pass orders on the application for auctioneer licence submitted by the petitioner pursuant to Exhibit P-1 forthwith,
b) Hold that the delay in considering the application for issuance of auctioneer licence submitted by the petitioner pursuant to Exhibit P-1 is unwarranted and unreasonable.
c) Issue a writ of mandamus, or any other appropriate writ or order, directing the 2nd respondent to take up and dispose of Exhibit P-5 forthwith.

2. Heard the learned counsel for the petitioner as also the learned Standing Counsel appearing for the respondents.

3. It is submitted by the learned counsel for the petitioner that Exts.P2, P3, P4 and P5 documents would show that the petitioner's 3 WP(C).No. 32046 of 2018 application for auctioneer licence is pending before the respondents.

4. After hearing the learned counsel for the respondents as well, I am of the opinion that the application preferred by the petitioner, on the basis of which an inspection has already been conducted, is liable to be considered and disposed of without any further delay. There will accordingly be a direction to take up, consider and pass appropriate orders on the application preferred by the petitioner for auctioneer licence within a period of one month from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SB/24/10/2018 4 WP(C).No. 32046 of 2018 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF LETTER DATED 8.5.2018 ISSUED BY THE DIRECTOR (MARKETING) OF THE 1ST RESPONDENT.
EXHIBIT P2 TRUE COPY OF E-MAIL DATED 18.6.2018 FROM THE DIRECTOR (MARKETING) OF THE 1ST RESPONDENT.
EXHIBIT P3 TRUE COPY OF E-MAIL DATED 23.6.2018 RECEIVED FROM THE DIRECTOR (MARKETING) OF THE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF LETTER DATED 29.6.2018 FROM THE DIRECTOR (MARKETING) OF THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF E-MAIL DATED 29.7.2018 FROM THE PETITIONER TO THE 1ST RESPONDENT.
     RESPONDENTS EXHIBITS:     NIL


                             // TRUE COPY //


                              P. A TO JUDGE