Fumitech Quarantine (India) Pvt. ... vs The Plant Protection Advisor To ...
2021 Latest Caselaw 8380 Ker

W.P(c).No.5623/2021-C              1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

                        WP(C).No.5623 OF 2021(C)


PETITIONER:

               FUMITECH QUARANTINE (INDIA) PVT. LTD.,
               DOOR NO.39/5556, NEAR SOUTH RAILWAY OVER BRIDGE
               UNDERPASS, PANAMPILLY NAGAR, COCHIN-682036
               REPRESENTED BY ITS MANAGING PARTNER, SIBIN K.M.

               BY ADVS.
               SMT.ANUROOPA JAYADEVAN
               SRI.M.RAJESH KUMAR

RESPONDENTS:

       1       THE PLANT PROTECTION ADVISOR TO THE GOVERNMENT OF
               INDIA,DIRECTORATE OF PLANT PROTECTION QUARANTINE
               AND STORAGE, NH-IV, FARIDABAD, HARIYANA-121001.

       2       THE DEPUTY DIRECTOR (PP) FOR PLANT PROTECTION
               ADVISOR,
               REGIONAL PLANT QUARANTINE STATION, GST ROAD,
               MENNAMBAKKAM, CHENNAI-600021.

       3       THE PLANT PROTECTION ADVISOR TO THE GOVERNMENT OF
               INDIA,
               DIRECTORATE OF PLANT PROTECTION QUARANTINE AND
               STORAGE, BANGULURU-560003.

       4       THE PLANT PROTECTION QUARANTINE OFFICER TO THE
               GOVERNMENT OF INDIA,
               DIRECTORATE OF PLANT PROTECTION QUARANTINE AND
               STORAGE, WEST ISLAND, KOCHI-682003.


               R1-4 BY ADV. P.VIJAYAKUMAR, ASGI




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(c).No.5623/2021-C                       2




                                      P.V.ASHA, J.
                   -----------------------------------------------------
                              W.P(c) No.5623 of 2021-C
                    ----------------------------------------------------
                       Dated this the 12th day of March, 2021

                                  JUDGMENT

The Writ Petition is filed seeking directions to the respondents to renew and

revalidate Ext.P.6 licence and to issue the Fumigation Operators licence. The case

of the petitioners is that an application for renewal of Ext.P6 licence of Aluminium

Phosphide was submitted on 20.09.2017. Ext.P6 licence was expired in 2015 and

Ext.P8 application for renewal was submitted on 20.09.2017. According to the

petitioner, several correspondences were made for revalidating the licence after

submitting the renewal application and it was stated that the process of inspection

is pending.

2. The learned ASGI on instructions submits that the application for

renewal was submitted two years after the expiry of the licence in 2015. It is

stated that on the basis of the application, inspection was attempted to be

conducted. But due to the unavailability of the petitioner, the inspection could not

be conducted. It is stated that in case the petitioner submits a fresh application,

that would be processed.

3. Therefore, the petitioner would be free to submit a fresh application

for renewal of Ext.P6 licence. In case it is submitted within two weeks, the

respondents shall process the same and pass orders on it in accordance with law

within a further period of two months.

The Writ Petition is disposed of accordingly.

Sd/- (P.V.ASHA, JUDGE)

rtr/

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE COMPANY REGISTRATION CERTIFICATE.

EXHIBIT P2 THE TRUE COPY OF THE LICENSE ISSUED BY THE DEPARTMENT OF CENTRAL BOARD EXCISE AND CUSTOMS DATED 03/02/2014.

EXHIBIT P3 THE TRUE COPY OF THE LICENSES ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER'S FIRM.

EXHIBIT P4 THE TRUE COPY OF THE LICENSE ISSUED BY THE DEPARTMENT AGRICULTURE DEVELOPMENT AND FARMERS WELFARE DEPARTMENT, GOVERNMENT OF KERALA DATED 12/02/2020.

EXHIBIT P5 THE TRUE COPY OF THE LICENSES ISSUED BY THE 1ST RESPONDENT HAVING REGISTERED NUMBER 465/MB TO THE PETITIONER.

EXHIBIT P6 THE TRUE COPY OF THE LICENSES ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR ALUMINIUM PHOSPHIDE TREATMENTS HAVING THE REGISTERED NUMBER 302/ALP.

EXHIBIT P7 THE TRUE COPY OF THE STATEMENT DATED 08/02/2021.

EXHIBIT P8 THE TRUE COPY OF THE APPLICATION DATED 20/09/2017 FILED BEFORE THE 1ST RESPONDENT.

EXHIBIT P9 THE TRUE COPY OF THE OFFICE MEMORANDUM ON 01/05/2020.

EXHIBIT P10 THE TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE 2ND AND 3RD RESPONDENTS DATED 11/10/2017.

EXHIBIT P11 THE TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE 2ND AND 3RD RESPONDENTS DATED 20/02/2021.

EXHIBIT P12 THE TRUE COPY OF THE DETAILS OF THE RELEVANT PAGE OF THE SITE OF THE 1ST RESPONDENT.