Joshua Daniel v. Union Of India & ORS
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 22ND DAY OF MAY 2015/1ST JYAISHTA, 1937 ---------------------------- PETITIONER(S):
-------------- JOSHUA DANIEL, S/O.P.V.DANIEL, PADAYANICKAL HOUSE, MAMMOODU, KONNI P.O., PATHANAMTHITTA , KERALA.
BY ADV. SRI.JOSHUA DANIEL (PARTY IN PERSON).
RESPONDENT(S):
--------------
1. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF AGRICULTURE, NEW DELHI.
2. THE SECRETARY, MINISTRY OF COMMERCE, NEW DELHI.
3. FORWARD MARKET COMMISSION, EVEREST, 3RD FLOOR, 100, MARINE DRIVE, MUMBAI 400 002.
4. SPICES BOARD OF INDIA, SUGANDHA BHAVAN, N.H.BYEPASS, PALARIVATTOM KOCHI-682 025.
5. INDIA PEPPER & SPICE TRADE ASSOCIATION, REP. BY ITS SECRETARY, VI/150, JEW TOWN, KOCHI 682 002.
6. PRESIDENT, INDIA PEPPER & SPICE TRADE ASSOCIATION, VI/150, JEW TOWN KOCHI.
7. NATIONAL AGRICULTURE CO-OPERATIVE MARKET, FEDERATION OF INDIA LTD, REP. BY ITS CHAIRMAN, RING ROAD ASHRAM, NEW DELHI 110 014.
8. THE KERALA STATE CO-OPERATIVE MARKETING, FEDERATION OF INDIA LTD, B.P. NO.2024, GANDHI NAGAR, KOCHI 682 020.
9.
STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
10. NATIONAL COMMODITY & DERIVATIVES EXCHANGE LTD.(NCDEX) AKRUTI CORPORATE PARK, IST FLOOR, NEAR G.E.GARDEN, L.B.S.MARG, KANJURMARG (WEST) MUMBAI 400 079.
R1 & 2 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR R5-6 BY ADV. SRI.E.K.NANDAKUMAR R5-6 BY ADV. SRI.A.K.JAYASANKAR NAMBIAR R5-6 BY ADV. SRI.K.JOHN MATHAI R5-6 BY ADV. SRI.P.BENNY THOMAS R5-6 BY ADV. SRI.ANIL D. NAIR R8 BY ADV. SRI.MILLU DANDAPANI R7 BY ADV. SRI.M.A.ABDUL HAKHIM R7 BY ADV. SRI.JYOTHISH.J.KALLINGAL R4 BY ADV. SRI.JOSEPH KODIANTHARA R4 BY ADV. SRI.MATHEWS K.UTHUPPACHAN R4 BY ADV. SRI.TERRY V.JAMES R4 BY ADV. SRI.B.J.JOHN PRAKASH R10 BY ADV. SRI.JIJO PAUL R1,2 BY ADV. SRI.S.KRISHNAMOORTHY, CGC BY GOVERNMENT PLEADER SRI.MANOJ P.KUNJACHAN.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rvs.
APPENDIX PETITIONER(S)' EXHIBITS :
----------------------- EXT.P1:
TRUE COPY OF CERTIFICATE DATED 31/10/2008 ISSUED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, ARUVAPPULAM TO THE PETITIONER.
EXT.P2:
TRUE COPY OF REPRESENTATION DATED 15/08/2008 FROM THE PETITIONER TO THE 8TH RESPONDENT.
EXT.P3:
TRUE COPY OF INTERNET EDITION OF THE ECONOMIC TIMES DATED 13/09/2007.
RESPONDENT(S)' EXHIBITS :
------------------------ NIL.
/TRUE COPY/ P.A.TO JUDGE RVS.
K. VINOD CHANDRAN, J.
--------------------------------------- W.P.C. No.37261 of 2008 --------------------------------------- Dated this the 22nd day of May, 2015.
JUDGMENT
The petitioner had challenged the Government decision to include Pepper under the purview of Section 17 of the Forward Contracts (Regulation) Act, 1952. The writ petition was admitted and there was no interim order passed. The commodity has been covered under the purview of the Forward Contracts (Regulation) Act, 1952 for all these years.
2. The learned counsel, who was appearing originally for the petitioner, had filed a memo dated 10.12.2009 recording the fact of his having relinquished the Vakalath on 09.11.2009. It is also stated that the entire records of the case were given to the petitioner on 09.11.2009 with a no-objection certificate. No appearance is recorded after then, nor is the petitioner present before this Court, when the matter is taken up for hearing. The writ petition is hence dismissed for default. Sd/- K. VINOD CHANDRAN, JUDGE sp