Judgment
WP(MD) NO. 17894 and 1354 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16-09-2026 CORAM THE HONOURABLE MR JUSTICE M.DHANDAPANI AND THE HONOURABLE MR.JUSTICE N.DILIP KUMAR WP(MD) NO. 17894 and 1354 of 2022 {CNR: HCMD010739212022} Case QR and WMP (MD) Nos.13048, 1870, 1201 of 2022 1. Elamalai Cardamom Trading Private Limited, Rep. by its Managing Director Binoy Varghese No.11/5 Lakshmi Mahal V.O.C. Street Near Scism Matric. Hr. Sec. School Bodinayakkanur Theni District.
Petitioner(s) Vs 1. The Union of India, Rep. by its Secretary to Government Department of Commerce and Industry New Delhi-110001.
2. The Spices Board (Ministry of Commerce and Industry Government of India) Rep. by its Secretary Suganda Bhavan NH Bypass PB No.2277 Palarivattom post Kochi Kerala.
3. The Director (Marketing) https://www.mhc.tn.gov.in/judis
Spices Board Suganda Bhavan NH Bypass PB No.2277 Palarivattom post Kochi Kerala.
4. The Assistant Director (Marketing) Spices Board Kurangani Road Bodinayakanur Theni District.
5. V. Manoharan S/o Veery Sikku Gowder No.49-A Ward No.11 Thottana Krishnasamy Gowder Street Gudalur Theni District 625 518.
(R5 is impleaded vide Court Order dated 27.01.2023 in WMP(MD).15568/2022 in WP(MD).17894 and 1354/2022 by DKKJ and RVJ) 6. Theni District United Cardamon Merchants Association Rep. by its Vice President Rajendra Kumar Pareek No.19 Periyandavarpuram Street Bodi Theni District.
(R6 is impleaded vide Court Order dated 27.01.2023 in WMP(MD).16011/2022 in WP(MD).17894 and 1354/2022 by DKKJ and RVJ) Respondent(s) For Petitioner(s):
Mr.Mohammed Imran.H M/s.Ajmal Associates https://www.mhc.tn.gov.in/judis
For Respondent(s):
M/s.Malaiyendran.V. Cgsc Memo Of App Filed For R1 M/s. S.Poornachandran- 964/2011 (st.Counsel For Spices Board) For R2 To R4 M/s.Raja.Karthikeyan(R5) M/s.B.Soniya for M/s.Premkumar.S. (R6) Prayer:
Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Declaration to declare that Rule 3 and 4 of Cardamom Licensing and Marketing Rules, 1987 as Ultra Vires to the Constitution of India as it is violative of Article 14, 19(1)(g) and 21 of the Constitution of India and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.
1. Vandanmedu Green Gold Cardamom Producer Company Rep By Its Managing Director M.M.Mathew D.No. 38 Thamarai Departmental Store Upstair Krishna Nagar Melachokkanathapuram Panchayat Via Bodinayakkanur Petitioner(s) Vs 1. The Spices Board (ministry Of Commerce And Industry Govt Of India) Rep By Its Secretary Sugandga Bhavan Nh Bypass Pb No.2277 Palarivattom Post Kochi Kerala.
2. The Director (marketing) Spices Board Sugandga Bhavan Nh Bypass Pb No.2277 https://www.mhc.tn.gov.in/judis
Palarivattom Post Kochi Kerala.
3. The Assistant Director (marketing) Spices Board Kurangani Road Bodinayakanur Theni District.
4. The Union of India Rep by its Secretary to Government Department of Commerce and Industry New Delhi-110 001.
(R4 is impleaded vide Court Order dated 27.01.2023 in WMP(MD).1900/2022 in WP(MD).1354/2022 by DKKJ and RVJ) 5. Theni District United Cardamon Merchants Association Rep by its Vice President Rajendra Kumar Pareek No.19 Periyandavarpuram Street Bodi Theni District.
(R5 is impleaded vide Court Order dated 27.01.2023 in WMP(MD).2788/2022 in WP(MD).1354/2022 by DKKJ and RVJ) 6. V.Manoharan S/o.Veery Sikku Gowder No.49-A Ward No.11 Thottana Krishnasamy Gowder Street Gudalur Theni District- 625 518.
(R6 is impleaded vide Court Order dated 27.01.2023 in https://www.mhc.tn.gov.in/judis
WMP(MD).3055/2022 in WP(MD).1354/2022 by DKKJ and RVJ) Respondent(s) For Petitioner(s):
Mr.Mohammed Imran.H M/s.Ajmal Associates For Respondent(s):
M/s. S.Poornachandran- 964/2011 (St.Counsel For Spices Board) For R1 To R4 M/s.Raja.Karthikeyan(R5) M/s.B.Soniya for M/s.Premkumar.S. (R6) Prayer:
To issue a WRIT OF DECLARATION to declare Rules 3 and 4 of Cardamom Licensing and Marketing Rules, 1987 as Uttra Vires of the Constitution of India as it is violative of Article 14, 19(1)(g) and 21 of the Constitution of India and pass such other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.
COMMON ORDER (Order of the Court was made by the Hon'ble M.DHANDAPANI J.)
These writ petitions have been filed for issuance of a Writ of Declaration to to declare Rules 3 and 4 of Cardamom Licensing and Marketing Rules, 1987 as Uttra Vires of the Constitution of India as it is violative of Article 14, 19(1)(g) and 21 of the Constitution of India.
2.The learned counsel appearing for the petitioners would submit that the petitioner-Company was duly registered under the Companies Act, 1956 and https://www.mhc.tn.gov.in/judis
consists of several shareholders and Directors and has been formed with the object of dealing in cardamom through e-auction within the States of Tamil Nadu and Kerala and is registered under the GST Authority. As per the objects of the petitioner-Company, they purchase cardamom from licensed dealers and put up the same for e-auction. As such, the petitioner-Company has privately started conducting online e-auctions of cardamom and pays the amount for the cardamom sold through auction to the licensed dealers within 14 days of the auction.
3. The Spices Board is a body corporate constituted under the Spices Board Act, 1986, for the promotion and regulation of the Indian spices industry. The Central Government introduced certain farm laws, thereby deregulating the system of Government-run wholesale markets. As per the said laws, the farmers/producers of agricultural products, including cardamom, could sell their produce to any individual. Subsequently, the Central Government repealed all the farm laws. However, as per Rules 3 and 4 of the Cardamom Licensing and Marketing Rules, 1987, framed under the Spices Board Act, 1986, the right of an individual or a Company to carry on trade or business in cardamom is restricted. The said Rules impose a condition to obtain a licence for selling cardamom, which affects the petitioner's right to carry on business. Hence, the present writ petitions have been filed challenging the said Rules. Accordingly, https://www.mhc.tn.gov.in/judis
he would pray for appropriate orders.
4. Per contra, the learned Standing Counsel appearing for the respondents would submit that admittedly, the said Rules were framed in the year 1987 and have been implemented for more than 35 years. As per the said Rules, a licence is required to be obtained for carrying on the business of selling cardamom, purchasing cardamom from farmers and dealing with cardamom as an auctioneer, dealer or auction dealer. The said requirement is only a regulatory measure and does not prevent any person from carrying on such business. No prohibitory order has been issued under the said Rules. It is only a regulatory mechanism regulating the trade in the market for the benefit of the farmers who are producing cardamom.
5. Heard the learned counsel for the petitioners and the learned Standing Counsel appearing on behalf of the respondents and perused the materials available on record.
6. Admittedly, the impugned Rules were framed in the year 1987 and have been in force for more than 35 years. The requirement of obtaining a licence for carrying on the business of selling and dealing with cardamom is only a https://www.mhc.tn.gov.in/judis
regulatory measure and does not impose an absolute prohibition on carrying on such business. It is also not in dispute that the petitioner had obtained a licence and was carrying on the said business from the year 2021 onwards. Having accepted the regulatory framework and obtained a licence thereunder, the petitioner has approached this Court only in the year 2022 challenging the Rules which have been in force for more than three decades. Therefore, the challenge to the Rules, having been made after such a long lapse of time, is liable to be rejected on the ground of delay and laches.
7. Accordingly, this writ petitions are dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.
(M.DHANDAPANI J.) (N.DILIP KUMAR J.)
16-09-2026 PKN To 1. The Union of India, Rep. by its Secretary to Government Department of Commerce and Industry New Delhi-110001.
2. The Spices Board (Ministry of Commerce and Industry Government of India) Rep. by its Secretary Suganda Bhavan, NH Bypass https://www.mhc.tn.gov.in/judis
PB No.2277 Palarivattom post Kochi Kerala.
3. The Director (Marketing) Spices Board Suganda Bhavan NH Bypass PB No.2277 Palarivattom post Kochi Kerala.
4. The Assistant Director (Marketing) Spices Board Kurangani Road Bodinayakanur Theni District.
5. V. Manoharan S/o Veery Sikku Gowder No.49-A Ward No.11 Thottana Krishnasamy Gowder Street Gudalur Theni District 625 518.
(R5 is impleaded vide Court Order dated 27.01.2023 in WMP(MD).15568/2022 in WP(MD).17894 and 1354/2022 by DKKJ and RVJ) 6. Theni District United Cardamon Merchants Association Rep. by its Vice President Rajendra Kumar Pareek No.19 Periyandavarpuram Street Bodi Theni District.
(R6 is impleaded vide Court Order dated 27.01.2023 in WMP(MD).16011/2022 in WP(MD).17894 and 1354/2022 by DKKJ and RVJ) https://www.mhc.tn.gov.in/judis