Madras High CourtWP/306/2022dismissed for nonprosecution

M.A.Timber Traders v. The Union Of India

2024-06-10Honourable Mr Justice G.K. Ilanthiraiyan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.306 & 312 of 2022 and WMP.Nos.337, 338, 339, 340, 341, 342, 345, 346 & 348 of 2022 WP.No.306 of 2022 M.A.Timber Traders, No.-15a/1, School Street Nerkundram, Chennai, Tamilnadu 600 107 Through its authorized Signatory, M.A.Zahir Hussain ... Petitioner Vs.

1.The Union of India, Through its Secretary, Ministry of Agriculture and Farmers Welfare, Department of Agriculture, KrishiBhavan, New Delhi 110 001 2.The Plant Protection Officer, Directorate of PPQ & Ministry of Agriculture & Farmers Welfare NH-IV, Faridabad 121 001 3.The Officer in Charge, Plant Quarantine Station, Regional Plant Quarantine Station(RPQS), GST Road, Near Trident Hotel, Meenabakam, Chennai 600 027 4.Director of Plant Protection Plant Protection Ministry of Agriculture & Farmers Welfare 1/9

Room No:297-D, KrishiBhawan, New Delhi 110 001 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Certiorarified Mandamus calling for the records and quash the condition no.3 of impugned Office Memorandum No. 8 - 131 / 2016-PP.II dated 28.06.2017 (Annexure-A1) impugned Office Memorandum No.8-131 / 2016 - PP.II dated 27.12.2018 (Annexure-A2) and Office Memorandum No. 8 - 325 / 2019 - PP.II dated 19.06.

2020 (Annexure-A3) Clause 14(2) of Chapter VI of the PQ Order 2003 (Annexure -B) as arbitrary, illegal, unconstitutional and unreasonable issued by respondent and consequentially direct the respondents to not to insist only for Methyl Bromide as fumigation agent and permit the equivalent fumigation treatment / agent in accordance with the Regulation 9 of PQ Order 2003 under PQ Order 2003 without any payment of any additional fees/charges / fine/ penalty and to approve quarantine clearance by issuing NOC for the consignment and permit the petitioner to unload/remove the timber with one time inspection fees, without charging of any additional or penal fees/fine/ penalty.

For Respondents : Mr.K.Subbu RanGa Bharathi, Central Government Standing Counsel WP.No.312 of 2022 Everest Timber Traders, No.-65/2A, Kundrathur High Road, Madhanandapuram, Porur, Chennai, Tamilnadu 600 116 Through its authorised Signatory M.A.Mohamed Ansar ... Petitioner Vs.

India praying to issue Writ of Certiorarified Mandamus calling for the records and quash and set aside the the condition no.3 of impugned Office Memorandum No. 8 - 131 / 2016-PP.II dated 28.06.2017 (Annexure-A1) impugned Office Memorandum No.8-131 / 2016 - PP.II dated 27.12.2018 (Annexure-A2) and Office Memorandum No. 8 - 325 / 2019 - PP.II dated 19.06.

2020 (Annexure-A3) Regulation 14(2) of Chapter VI of the PQ Order 2003 (Annexure -B) as arbitrary, illegal, unconstitutional and unreasonable issued by respondent and consequentially direct the respondents to not to insist only for Methyl Bromide as fumigation agent and permit the equivalent fumigation treatment / agent in accordance with the Regulation 9 of PQ Order 2003 under PQ Order 2003 without any payment of any additional fees/charges / fine/ penalty and to approve quarantine clearance by issuing NOC for the consignment and permit the petitioner to unload/remove the timber with one time inspection fees, without charging of any additional or penal fees/fine/ penalty. For Petitioner : No appearance For Respondents : Mr.K.

COMMON ORDER These writ petitions have been filed to issue Writ of Certiorarified Mandamus calling for the records and quash the condition no.3 of impugned Office Memorandum No. 8 - 131 / 2016-PP.II dated 28.06.2017 (Annexure-A1) impugned Office Memorandum No.8-131 / 2016 - PP.II dated 27.12.2018 (Annexure-A2) and Office Memorandum No. 8 - 325 / 2019 - PP.II dated 19.06.2020 (Annexure-A3) Clause 14(2) of Chapter VI of the PQ Order 2003 (Annexure -B) as arbitrary, illegal, unconstitutional and unreasonable issued by respondent and consequentially direct the respondents to not to insist only for Methyl Bromide as fumigation agent and permit the equivalent fumigation treatment / agent in accordance with the Regulation 9 of PQ Order 2003 under PQ Order 2003 without any payment of any additional fees/charges / fine/ penalty and to approve quarantine clearance by issuing NOC for the consignment and permit the petitioner to unload/remove the timber with one time inspection fees, without charging of any additional or penal fees/fine/ penalty. 5/9

When the matter was listed on 06.06.2024, there was no representation on behalf of the petitioners. Therefore, the matter was ordered to be listed on 10.06.2024 under the caption "for dismissal". Even today i.e. 10.06.2024, no one appeared on behalf of the petitioners.

3. Therefore, both the writ petitions are dismissed for non prosecution. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

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To 1.Secretary, The Union of India, Ministry of Agriculture and Farmers Welfare, Department of Agriculture, KrishiBhavan, New Delhi 110 001 2.The Plant Protection Officer, Directorate of PPQ & Ministry of Agriculture & Farmers Welfare NH-IV, Faridabad 121 001 3.The Officer in Charge, Plant Quarantine Station, Regional Plant Quarantine Station(RPQS), GST Road, Near Trident Hotel, Meenabakam, Chennai 600 027 4.Director of Plant Protection Plant Protection Ministry of Agriculture & Farmers Welfare Room No:297-D, KrishiBhawan, New Delhi 110 001 7/9

G.K.ILANTHIRAIYAN, J.

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