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Madras High CourtWP(MD)/18300/2017disposed of

Abs Xpress Private Ltd., v. The Plant Protection Advisor,

2017-09-27Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 27.09.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.18300 of 2017 and W.M.P(MD)No.14755 of 2017 ABS Xpress Private Limited, represented by its Director, S.A.Sayeed.

... Petitioner Vs

1. The Plant Protection Advisor, Directorate of Plant Protection, Quarantine and Storage, Ministry of Agriculture, NH-4, Faridabad, Hariyana -121 001.

2. The Joint Director(PQ), Directorate of Plant Protection, Quarantine and Storage, Ministry of Agriculture, NH-4, Faridabad, Hariyana -121 001.

3. The Regional Director(PQ), Regional Plant Quarantine Station, GST Road, Near Trident Hotel, Meenambakkam, Chennai - 600 027.

4. The Plant Protection Officer, Plant Quarantine Station, Tiruchirappalli International Airport, Tiruchirappalli - 620 007.

5. The Director, Airport Authority of India, Tiruchirappalli Airport, Tiruchirappalli. ... Respondents. Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 to 3 to post adequate Plant Quarantine

Officials, in the Plant Quarantine Station in Tiruchirappalli International Airport, especially during 17.30 hours to 22.00 hours daily and on Sundays/Holidays within the time frame fixed by this Court.

For Petitioner : M/s.R.S.Sivaram For Respondents : Mr.S.Jeyasingh 1 to 4 Central Govt. Standing Counsel

ORDER

The prayer in the Writ Petition is for issuance of a Writ of Mandamus directing the respondents 1 to 3 to post adequate Plant Quarantine Officials, in the Plant Quarantine Station in Tiruchirappalli International Airport, especially during 17.30 hours to 22.00 hours daily and on Sundays/Holidays within the time frame fixed by this Court.

2.Mr.S.Jeyasingh, learned Central Government Standing Counsel takes notice for the respondents 1 to 4.

3.By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself. 4.Mr.R.S.Sivaram,learned counsel for the Petitioner would submit that it would suffice, if a direction is given to the first respondent to consider the representations of the Petitioner, dated 3.5.2016 and 2.5.2016.

5.The learned Central Government Standing Counsel appearing for the respondents 1 to 4 would submit that the representations of the Petitioner will be considered as per law. 6.Considering the submissions made by the learned counsels, without going into the merits of the case, this Court directs the first respondent to consider the representations of the Petitioner, dated 3.5.2016 and 5.5.2016 on merits and in accordance with law and pass orders on the same, after giving notice to the Petitioner and other interested parties, if any, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order 7.With the above direction, the Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Vacation Officer (CO) /True copy/ Sub Assistant Registrar

To

1. The Plant Protection Advisor, Directorate of Plant Protection, Quarantine and Storage, Ministry of Agriculture, NH-4, Faridabad, Hariyana -121 001.

2. The Joint Director(PQ), Directorate of Plant Protection, Quarantine and Storage, Ministry of Agriculture, NH-4, Faridabad, Hariyana -121 001.

3. The Regional Director(PQ), Regional Plant Quarantine Station, GST Road, Near Trident Hotel, Meenambakkam, Chennai - 600 027.

4. The Plant Protection Officer, Plant Quarantine Station, Tiruchirappalli International Airport, Tiruchirappalli - 620 007.

5. The Director, Airport Authority of India, Tiruchirappalli Airport, Tiruchirappalli.

+ 1 CC TO MR.R.S.Sivaraman, ADVOCATE IN SR No.81200 + 1 CC TO MR.S.Jeyasingh, ADVOCATE IN SR No.81198 vsn MK/SKN RSK/SAR-3/27.09.2017/3P/8C W.P(MD)No.18300 of 2017 and W.M.P(MD)No.14755 of 2017 27.09.2017