P.Jothibasu v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN and WMP Nos.29509, 29513 of 2024 P.Jothibasu : Petitioner Vs 1.The Union of India rep. by its Secretary to the Ministry of Agriculture and Farmers Welfare New Delhi.

2.The Minister of Chemicals and Fertilizers Department of Fertilizers Government of India, New Delhi.

3.The Chairman, National Bank of Agricultural and Rural development, Plot C-24, G Block, Bandra Kurla Complex, BKC Road, Bandra East, Mumbai 400051 4.The Fertilizer Association of India, Through its Chairman cum Managing Director,

FAI House, No.10, Shaheed Jit Singh Marg, New Delhi 110067 5.The Principal Secretary, Government of Tamil Nadu, Cooperation, Food and Consumer Protection Department, Secretariat, Chennai 600 009.

6.The Principal Secretary, Government of Tamil Nadu, Agriculture - Farmers Welfare Department, Secretariat, Chennai 600 009.

7.The Director cum Commissioner of Agriculture, Agriculture Directorate, Chepauk, Chennai 600005 8.The Registrar of Cooperatives, Government of Tamil Nadu, Department of Cooperatives, NVN Natarajan Maligai, No.170, Periyar, EVR High Road, Kilpauk, Chennai 600 010 9.The Tamil Nadu Cooperative Marketing Federation Limited, Through its Managing Director, 91, St.Mary's Road, Chennai 18 10.The Secretary, I.I.603 V.Saththamangalam Primary Agricultural Cooperative Credit Society Ltd., V.Saththamangalam, Virudhachalam Taluk, Cuddalore District 606003

11.The Secretary, E.2581, Sedapalayam Primary Agricultural Cooperative Credit Society Ltd., Sedapalayam, Cuddalore Taluk, Cuddalore District 606003 12.The Secretary, E.2615 Cinnapettai Primary Agricultural Cooperative Credit Society Ltd., Cinnapettai, Panruti Taluk, Cuddalore District 606003 : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondent Nos.

5 to 8 to restrain the 9th respondent from compelling Primary Agricultural Cooperative Credit Societies in Tamil Nadu who does not have the mandatory Certificate of Source/Origin namely Form-O issued by a duly licensed manufacturer/importer specifically for each and every Biostumulant with particulars and and details, as per The Fertilizer (Inorganic, Organic or mixed) (Control) Order, 1985, unless and until the 1st respondent has included such Biostimulant with Specifications of Biostimulants in Part-, Tolerance Limit in Part-B and Methodology of Testing in Part-D in Schedule VI, as required under Clause 20C, of The Fertilizer (Inorganic, Organic or Mixed)(Control) Order, 1985 and consequently directing the 7th respondent to take necessary action to 'stop sale' the sales of any Biostimulants through Primary Agricultural Cooperative Credit Societies, that does not have Certificate of Source/Origin Form-O specifically issued by a duly licensed manufacturer/importer.

For Petitioner :

Mr.M.Purushothaman For Respondents 1, 2 :

Mr.Rajesh Vivekananthan, Deputy Solicitor-General

For Respondent No.4 :

Ms.Nivedita Mehta For Respondents 5 to 9 :

Mr.J.Ravindran, Additional Advocate-General assisted by Mr.A.Edwin Prabhakar, State Government Pleader For respondents 3, 10 to 12 :

No appearance

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Mr.Purushothaman states that the petition could be closed in view of subsequent developments.

2. Ordered accordingly. There will be no order as to costs. Consequently, all the interim applications also stand disposed of. (K.R.SHRIRAM, CJ.) (SUNDER MOHAN, J.) 12.06.2025 Index : Yes/No : Yes/No

tar To 1.The Secretary to the Ministry of Agriculture and Farmers Welfare New Delhi.

2.The Minister of Chemicals and Fertilizers Department of Fertilizers Government of India, New Delhi.

3.The Chairman, National Bank of Agricultural and Rural development, Plot C-24, G Block, Bandra Kurla Complex, BKC Road, Bandra East, Mumbai 400051 4.The Chairman cum Managing Director, Fertilizer Association of India, FAI House, No.10, Shaheed Jit Singh Marg, New Delhi 110067 5.The Principal Secretary, Government of Tamil Nadu, Cooperation, Food and Consumer Protection Department, Secretariat, Chennai 600 009.

6.The Principal Secretary, Government of Tamil Nadu, Agriculture - Farmers Welfare Department, Secretariat, Chennai 600 009.

7.The Director cum Commissioner of Agriculture,

Agriculture Directorate, Chepauk, Chennai 600005 8.The Registrar of Cooperatives, Government of Tamil Nadu, Department of Cooperatives, NVN Natarajan Maligai, No.170, Periyar, EVR High Road, Kilpauk, Chennai 600 010 9.The Managing Director, Tamil Nadu Cooperative Marketing Federation Limited, 91, St.Mary's Road, Chennai 18 10.The Secretary, I.I.603 V.Saththamangalam Primary Agricultural Cooperative Credit Society Ltd., V.Saththamangalam, Virudhachalam Taluk, Cuddalore District 606003 11.The Secretary, E.2581, Sedapalayam Primary Agricultural Cooperative Credit Society Ltd., Sedapalayam, Cuddalore Taluk, Cuddalore District 606003 12.The Secretary, E.2615 Cinnapettai Primary Agricultural Cooperative Credit Society Ltd., Cinnapettai, Panruti Taluk, Cuddalore District 606003

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN , J.

(tar) 12.06.2025