Venkatesh Sai v. Additional Director Generla Of Foreign Trade

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.10.2024

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI W.P.NO.29539 of 2024 Venkatesh Sai ... Petitioner Vs.

1. The Additional Director General of Foreign Trade, No/26, 4th and 5th Floor, Shastri Bhavan, Haddows Road, Nungambakkam, Chennai.

2. JIYI Robot (Shangai) Co. Ltd., Room No.101, Building B, No.2588, Jinhai Road, Pudong District, Shangai.

3. JiYi Aero Green Private Ltd., B-401, Titanium Square, Thaltej Cross Road, S.G.Highway, Thaltej, Ahmedabad.

4. Jiyi Sky Private Limited, First Floor, Aravind Plaza, Kottai Station Road, Trichy Town Hall, Trichy.

5. Cubepilot Pvt. Ltd., Unit 2, 3 Dyson Court, Breakwater, VIC 3219, Australia.

6. Indian Robo Store, G.36, Ground Floor, Sector 3 Noida, Uttar Pradesh.

7. Gadgets Deal India

C.P.Colony Morar, Gwalior.

8. UAV Garage Private Limited, Having registered address at 3C - 2501, Ta Panvel, District Raigad, Kon Rasaini Road, Raigarh, Panvel, Maharashtra.

....... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 07.07.2024 and consequently, direct the first respondent to initiate enquiry and take action against the second to 8th respondents within the stipulated time frame fixed by this Court and also take actions against the unidentified distributors and sellers if found guilty.

For Petitioners : Mr.S.Rajesh Kumar For Nathan and Associates For Respondents : Mr.V.T.Balaji, SPC for R1

ORDER

The writ petitioner seeks a direction to the respondent to consider the petitioner's representation dated 07.07.2024 and consequently, direct the first respondent to initiate enquiry and take action against the second to 8th respondents within the stipulated time frame fixed by this Court and also take actions against the unidentified distributors and sellers if found guilty.

2. It is the case of the petitioner that the private respondents, who are the foreign companies, have imported the gadgets into India by unidentified distributors for the purpose of use in drones which shall be used for agricultural purposes which in turn shall become a threat for the nation's food security. Therefore, the petitioner made

a representation on 07.07.2024 to the first respondent and the same has not been considered. Hence, the present petition.

3. The learned counsel for the petitioner submitted that this Court may issue a directions to the first respondent to consider and pass orders on the petitioners representation within the stipulated time as fixed by this Court.

4. The learned Senior Panel Counsel appearing for the first respondent submitted that the representation will be considered and an appropriate orders will be passed within the time frame as fixed by this Court.

5. Heard the learned counsel for the petitioner as well as the learned Senior Panel Counsel appearing for the first respondent and perused the materials available on record.

6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this Court directs the first respondent to consider the petitioners representation dated 07.07.2024 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. M. DHANDAPANI .J.

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7. With the above directions, the writ petition stands disposed of. No costs. 14.10.2024 To:

The Additional Director General of Foreign Trade, No/26, 4th and 5th Floor, Shastri Bhavan, Haddows Road, Nungambakkam, Chennai.

W.P.NO.29539 of 2024 14.10.2024