Anil Kumar.E.V. vs. The Plant Protection Advisor TO The Government Of INDIA

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WP(C)/15785/2021HC KeralaGSTCNR KLHC01042028202111 February 2022Bench: HONOURABLE MR.JUSTICE N.NAGARESH5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 11TH DAY OF FEBRUARY 2022 / 22ND MAGHA, 1943 WP(C) NO. 15785 OF 2021 PETITIONER: ANIL KUMAR.E.V. AGED 53 YEARS ELLICKAL HOUSE, S/O. VISWANATHAN, DOOR.NO.39/6489, CHIRAMEL HOUSE, KURISUPALLY ROAD, ERNAKULAM, COCHIN-682 015 REPRESENTED AS THE MANAGING PARTNER, THE PEST CONTROL SOLUTIONS PORT USERS COMPLEX NO.1, GROUND FLOOR, OPP. ERNAKULAM WHARF MAIN GATE, BRISTOW ROAD, WILLINGDON ISLAND, COCHIN-682 003. BY ADVS. ANUROOPA JAYADEVAN M.RAJESH KUMAR RESPONDENTS: 1 THE PLANT PROTECTION ADVISOR TO THE GOVERNMENT OF INDIA DIRECTORATE OF PLANT PROTECTION QUARANTINE AND STORAGE, NH-IV, FARIDABAD, HARIYANA-121001. 2 THE DEPUTY DIRECTOR (PP) FOR PLANT PROTECTION ADVISOR DIRECTORATE OF PLANT PROTECTION QUARANTINE AND STORAGE, NH-IV, FARIDABAD, HARIYANA-121001. 3 THE DEPUTY DIRECTOR (PP) FOR PROTECTION ADVISOR REGIONAL PLANT QUARANTINE STATION, GST ROAD, MENNAMBAKKAM, CHENNAI-600021. WP(C) NO. 15785 OF 2021 2 4 THE PLANT PROTECTION ADVISOR TO THE GOVERNMENT OF INDIA DIRECTORATE OF PLANT PROTECTION QUARANTINE AND STORAGE, HEBBAL, BANGULURU-560 024. 5 THE PLANT PROTECTION QUARANTINE OFFICER TO THE GOVERNMENT OF INDIA DIRECTORATE OF PLANT PROTECTION QUARANTINE AND STORATGE, WEST ISLAND, KOCHI-682 003. SRI.P.L.VENUKUMAR CGC SRI. MANU. S - ASGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 15785 OF 2021 3 JUDGMENT Dated this the 11th day of February, 2022 The petitioner is doing business of pesticides. The petitioner is an authorised fumigator and holds valid licence and registration of Fumigation Agency.

2.

The petitioner states that the accreditation for fumigation in the name of his Firm will be issued only to specifically qualified candidates. The petitioner is facing technical difficulties to get Fumigation Certificate. The petitioner therefore, has approached this Court, seeking to direct the respondents to correct in the website the petitioner's AFAS accreditation number AFAS IN 175051214 (DAWR) and to include the petitioner's Firm's name in AFAS.

3.

When the writ petition came up for hearing today, the learned counsel for the petitioner submitted that the petitioner has submitted Ext.P6 representation before the 5th respondent-Plant Protection Quarantine Officer, Government of

WP(C) NO. 15785 OF 2021 4 India and the petitioner will be satisfied if Ext.P6 representation is considered by the 5th respondent. The learned Central Government Counsel representing respondents 1 to 5 submitted that as the petitioner submitted Ext.P6 representation, the 5th respondent can consider Ext.P6 representation in accordance with law. In the circumstances, the writ petition is disposed of directing the 5th respondent to consider Ext.P6 representation submitted by the petitioner and pass appropriate orders thereon within a period of two months. N.NAGARESH JUDGE spk

WP(C) NO. 15785 OF 2021 5 APPENDIX OF WP(C) 15785/2021 PETITIONER EXHIBITS Exhibit P1 THEOF THE GST REGISTRATION HAVING REGISTRATION NUMBER 32AAOFP2359P1ZN ISSUED BY THE GOVERNMENT OF INDIA DATED 17.7.2018. Exhibit P2 THEOF THE LICENSES ISSUED DATED 16.02.2021 HAVING LICENSE NUMBER C/11/36/2021/22 Exhibit P3 THEOF THE LICENSES ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 18.12.2006. Exhibit P4 THEOF THE LICENSES ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER'S FIRM IN THE NAME OF MR.K.M.RISHAD AS PER ACCREDIATION NUMBER 17505124 ISSUED DATED 9.12.2014. Exhibit P5 THEOF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 17.9.2019. Exhibit P6 THEOF THE REPRESENTATION FILED BY THE PETITIONER TO THE IST RESPONDENT DATED 23.7.2021. RESPONDENT'S/S EXHIBITS : NIL

Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.