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Madras High CourtWP/33496/2018partly allowed

The Ambur Tanners Association v. The Registrar Of Geographical Indications

2018-12-21Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.33496 of 2018 and W.M.P.No.38866 of 2018

1. The Ambur Tanners Association (A Registered Society bearing Reg.No.356 of 2011), Represented by its Honorary General Secretary, S.M.Faiyaz Ahmed, Registered Office at Thuthipet CETP Complex, Periyavarikkam, Ambur 635 811, Vellore District.

2. Tanners Association, Pernambut (A Registered Society bearing Reg.No.81 of 1978), Represented by its Honorary General Secretary, P.Mohammed Hasan, Registered Office at 299, High Road, Pernambut- Vellore District.

3. South India Tanners and Dealers Association, (A Registered Society bearing Reg.No.S6 of 1944), Represented by its Honorary Secretary, G.Mohgammed Kaleemullah, Registered Office at No.18, Mahatma Gandhi Road, Ranipet 632 401 - Vellore District.

4. The Vanniyambadi Tanners Association, (A Registered Society bearing Reg.No.82 of 1993), Represented by its Honorary General Secretary, T.Mohammed Mubeen, Registered Office at No.1078/C, P.J.Nehru Road, Vaniyambadi 635 751 - Vellore District. ... Petitioners -vs The Registrar of Geographical Indications, Geographical Indications Registry, IPO Building, GST Road, Guindy, Chennai.

...Respondent

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to hear, decide and pass orders in the rectification Application No.1 of 2017 in Geographical Indication No.95 registered in Class 18 filed by the petitioners. For Petitioners: Mr.K.M.Aasim Shehzad For Respondents: Mr.J.Madhanagopal Rao Senior Panel Counsel

ORDER

By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner-Association has come up with this Writ Petition seeking a direction to the respondent to hear, decide and pass orders in the Rectification Application No.1 of 2017 in Geographical Indication No.95, registered in Class 18, filed by them.

3.

Subsequent to the filing of the Writ Petition, vide communication dated 03.01.2019 in No.GIR/GI Appl.No.95/201819/552, the Senior Examiner of Geographical Indications, Geographical Indications Registry, Chennai has sent a notice of hearing to the petitioner, fixing the date of hearing as 28.01.2019. The learned counsel for the petitioners requests that after the hearing, the Rectification Application may be directed to be disposed of within a time frame. 4.

Considering the facts and circumstances of the case and the submissions made on either side, the respondent is directed to complete the hearing on merits and decide the said Rectification Application as per GI Act and Rules, on or before 28.02.2019.

5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

To The Registrar of Geographical Indications, Geographical Indications Registry, IPO Building, GST Road, Guindy, Chennai.

+1cc to Mr.J.Madanagopal Rao, Advocate Sr.2027 +1cc to M/S.BFS Legal, Advocate sr. 15353 [21/02/2019] W.P.No.33496 of 2018 and W.M.P.No.38866 of 2018 nmi[co] srg 04/02/2019