M/S.Chopra Timbers v. The Union Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2024

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) Nos.7957 & 7959 of 2021 M/s.Chopra Timbers, Represented by Proprietor Harsukh Lal Patel, S/o.Devji Bhai Patel, 95/3, NA, G.N.T. Road, Tiruvallur, Chennai - 600 066, Tamil Nadu.

... Petitioner Vs.

1.The Union of India, Rep. by its Under Secretary, Ministry of Agriculture and Farmers Welfare Department of Agriculture, Krishi Bhavan, New Delhi.

2.The Plant Protection Officer, Door No.101, Plot No.110, 2nd Street, C.G.E. Colony, Tuticorin District.

3.The Plant Protection Officer, Chennai.

... Respondents Page No. 1 of 5

Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Certiorari calling for the records relating to Condition No.3 of Office Memorandum in O.M.No.8-325/2019-PP.II dated 19.06.2020 issued by the first respondent and quash the same as illegal.

For Petitioner : No appearance For Respondents : Mr.S.Jeya Singh Standing Counsel

O R D E R

There is no representation for the petitioner.

2. This Writ Petition has been filed for issuance of a Writ of Certiorari calling for the records relating to Condition No.3 of Office Memorandum in O.M.No.8-325/2019-PP.II dated 19.06.2020 issued by the first respondent and quash the same as illegal. 3.The issue is covered against the petitioner by the order of this Court dated 19.04.2022 passed in the case of M/s.BXP Trading Corporation Vs. The Union of India and others in W.P.(MD) No.8270 of 2020, wherein, the decision of the principal seat of this Court in a batch Page No. 2 of 5

of cases in W.P.No.18405 of 2019 etc. batch in M/s.Best Timbers Vs. Union of India and others, rendered on 06.09.2021, was followed.

4. Hence, this Writ Petition is dismissed by giving liberty to the petitioner to challenge the vires of the Plant Quarantine (Regulation of Import into India) Order, 2003 or any other Rules which empowers the first respondent to levy penalty, if so advised, in terms of the above order of the principal seat of this Court dated 06.09.2021 passed in W.P.No. 18405 of 2019 etc. batch. No costs. Consequently, connected Miscellaneous Petitions are closed.

08.04.2024 Index: Yes / No Speaking Order / Non-Speaking Order JEN Copy To:

1.Under Secretary, Department of Agriculture and Farmers Welfare, Government of India, Krishi Bhavan, New Delhi.

2.The Plant Protection Officer, Door No.101, Plot No.110, 2nd Street, C.G.E. Colony, Tuticorin District.

Page No. 3 of 5

3.The Plant Protection Officer, Chennai.

Page No. 4 of 5

C.SARAVANAN , J.

JEN and W.M.P.(MD) Nos.7957 & 7959 of 2021 08.04.2024 Page No. 5 of 5