Tamilnadu High Density Poly v. The Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM TamilNadu High Density Poly Ethylene Knitted Fabrics Manufacturers Association represented by its President Mr.C.Suresh Kumar B.A., B.L., Plot No.19 and 20, Karur Aathur Industrial Estate (SIDCO) Vennamalai PO Karur District - 639 006 Tamil Nadu State South India.

...Petitioner

Vs.

1.The Secretary, Ministry of Health and Family Welfare, Government of India, Nirman Bhavan Moulana Azad Road, New Delhi - 110 011.

2.The Director, National Vector Bone disease Control Programmes (NVBDCP) DMRC Buildings, Block No.3, Ground Floor, Delhi IT Park, Shastri Park, Delhi - 110 053. 3.The Joint Director of Health Services, National Vector Bone Disease Control Programmes (NVBDCP) Unit 6, Behind Capital Hospital, Bhubaneswar, Odisha.

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4.The Secretary, Central Insecticides Board and Registration Committee, NH IV, CGO Complex, Faridabad, Hariyana.

5.The Deputy Director of Agriculture, (Plant Protection) The State Licensing Authority, Directorate of Agriculture, Chepauk, Chennai - 600 005.

6.The Joint Director of Agriculture, Collectorate campus, Karur.

7.Mr.M.Sivasamy, The Managing Director, M/s.Shobikaa Impex Pvt Ltd., No.34, Sannathi Street, Vennamalai PO Karur - 639 006.

..Respondents Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 to consider the writ petitioner's representation dated 09.01.2017 followed by the reminder dated 25.01.2017 filed to take stern action against the 7th respondent for the illegal supply of 69,22,391 numbers of LLINs Mosquito bed nets and prosecute the 7th respondent under Section 25 of the Insecticides Act, 1968.

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For Petitioner : Mr.Shankar Murali For R1 : Mr.N.Vijaya Raman Central Government Standing Counsel For R2 to R4 : Not ready in notice For R5 & R6 : Mr.S.Ravichandran Additional Government Pleader For R7 : Mr.Srinath Sridevan Senior Counsel For Mr.S.Rajmakesh

ORDER

The relief sought for in the present writ petition is for a direction to direct the respondents 1 to 6 to consider the representation submitted by the writ petitioner on 09.01.2017 followed by the reminder dated 25.01.2017 filed by the petitioner to take stern action against the 7th respondent for the illegal supply of 69,22,391 numbers of LLINs Mosquito bed nets and prosecute the 7th respondent under Section 25 of the Insecticides Act, 1968.

2. The learned Central Government Standing Counsel appearing on behalf of the first respondent made a submission that no such representations were received by the 1st respondent and therefore, the very relief cannot be considered by this Court.

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3. The learned Senior counsel appearing on behalf of the 7th respondent contended that the petitioner has filed several writ petitions and other proceedings on account of business rivalry and therefore, the present writ petition is also motivated. In respect of the list of cases filed by the petitioner, the learned Senior counsel for the 7th respondent has submitted the list of cases as detailed hereunder:

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4. In view of the fact that the representation allegedly sent by the petitioner had not been received by the 1st respondent, no relief needs to be considered in respect of the present writ petition.

5. Accordingly, the writ petition stands dismissed. No costs. 12.04.2023 Index : Yes Speaking order kak To 1.The Secretary, Ministry of Health and Family Welfare, Government of India, Nirman Bhavan Moulana Azad Road, New Delhi - 110 011.

2.The Director, National Vector Bone disease Control Programmes (NVBDCP) DMRC Buildings, Block No.3, Ground Floor, Delhi IT Park, Shastri Park, Delhi - 110 053. 7/9

3.The Joint Director of Health Services, National Vector Bone Disease Control Programmes (NVBDCP) Unit 6, Behind Capital Hospital, Bhubaneswar, Odisha.

4.The Secretary, Central Insecticides Board and Registration Committee, NH IV, CGO Complex, Faridabad, Hariyana.

5.The Deputy Director of Agriculture, (Plant Protection) The State Licensing Authority, Directorate of Agriculture, Chepauk, Chennai - 600 005.

6.The Joint Director of Agriculture, Collectorate campus, Karur.

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S.M.SUBRAMANIAM, J.

kak 12.04.2023 9/9