M/S. Spices Producer Company Limited vs. State Of Kerala
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 11TH DAY OF OCTOBER 2021 / 19TH ASWINA, 1943 WP(C) NO. 19237 OF 2021 PETITIONERS: 1 M/S. SPICES PRODUCER COMPANY LIMITED, A COMPANY LIMITED BY SHARES, INCORPORATED UNDER THE COMPANIES, A CT, 1956, HAVING REGD, OFFICE AT AIKKARAKUNNEL BUILDING, RAJAKKAD, IDUKKI,, REP BY ITS MANAGING DIRECTOR, AHAMMED REYAS, AGED 40 YEARS, S/O. LATE ABUDL KHADER. 2 JAIMON. N.R., AGED 42 YEARS S/O.LATE RAJAPPAN, NARIVELIL HOUSE, BISON VALLEY P.O. IDUKKI. BY ADVS. VARGHESE C.KURIAKOSE SUSANTH SHAJI RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF AGRICULTURAL, SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2 THE DIRECTOR OF AGRICULTURE, DIRECTORATE OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM 695 001. 3 THE ADDL. DIRECTOR OF AGRICULTURE (CP), DIRECTORATE OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM 695 001. BY ADV.SMT.K.M.RASHMI, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.19237/2021 2 P.V.KUNHIKRISHNAN, J. -------------------------------- W.P.(C).No.19237 of 2021 ---------------------------------------------- Dated this the 11th day of October, 2021 JUDGMENT This writ petition is filed with following prayers: i. Issue a writ, order or direction in the nature of Mandamus or other appropriate writ, directing the respondents No.2 and 3 or the concerned among them to forthwith revoke Ext.P11 order of suspension to facilitate the smooth sale of organic products (biostimulants) manufactured by the petitioners and thus secure ends of justice to the petitioners. ii. Issue a writ, order or direction in the nature of Mandamus or other appropriate writ directing the respondent No.2 and 3 and the 3rd respondent in particular to take upto Ext.P13 applications for license and grant registration to the petitioners to enable the petitioners to conduct manufacture, distribution and sale of biostimulants and thus secure ends of justice to the petitioners.
W.P.(C).No.19237/2021 3 iii. Declare that the factual matrix leading to Ext.P11 suspension order is incorrect and contrary to facts and law and treat the same as nonest for legal purposes. iv. Grant such other and further relief as may be prayed for hereafter and deemed fit and proper in the interest of justice.
When this writ petition came up for consideration on 16.09.2021, this Court passed the following order: “Admit. Government Pleader takes notice for the respondents. Having regard to the facts and circumstances of the case, there will be an interim order directing the third respondent to take a decision on Exts.P12 and Ext.P13 within ten days.”
Today, when this writ petition came up for consideration, the Government Pleader submitted that Exts.P12 and P13 are already considered and the licence of the petitioner itself is cancelled. In such situation the present prayers in this writ petition are infructuous and the petitioner can challenge the subsequent order in accordance to law. Without prejudice to the petitioners to challenge the same, this writ petition can be closed.
W.P.(C).No.19237/2021 4 Therefore, this writ petition is closed, giving liberty to the petitioners to challenge the subsequent order. All the contentions of the petitioners in this writ petition are left open. P.V.KUNHIKRISHNAN JV JUDGE
W.P.(C).No.19237/2021 5 APPENDIX OF WP(C) 19237/2021 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTO STAT COPY OF THE ACKNOWLEDGEMENT CERTIFICATE DATED INDICATING THE LATEST CERTIFICATE DATED 08.09.2020 ISSUED BY DEPT. OF INDUSTRIES AND COMMERCE. Exhibit P2 TRUE PHOTOSTAT COPY OF THE RELEVANT PAGES OF THE GOVERNMENT ORDER DATED 23.02.2021 . Exhibit P3 TRUE PHOTOSTAT COPY OF THE LETTER DATED 04.09.2014 ISSUED BY THE KRISHI BHAVAN, NEW DELHI. Exhibit P4 TRUE PHOTOSTAT COPY OF THE S.O. NO. 2333 PUBLISHED BY THE UNION GOVERNMENT DATED 14.06.2021 Exhibit P5 TRUE PHOTOSTAT COPY OF THE GST REGISTRATION CERTIFICATE DATED 16/.07.2018 ISSUED BY GOVERNMENT OF INDIA., Exhibit P6 TRUE PHOTOSTAT COPY OF THE LETTER OF AUTHORITY, 22/2020-25 ISSUED BY ESARAMS BIOTECH DATED 12.11.2020. Exhibit P7 TRUE PHOTOSTAT COPY OF THE O FORM ISSUED BY ESARAMS BIOTECH DATED 11.01.2021. Exhibit P8 TRUE PHOTOSTAT COPY OF THE STOP MEMO DATED 28/02/2021 ISSUED TO SHABEER K., ONE OF THE FRANCHISEE. Exhibit P9 TRUE PHOTO STAT COPY OF THE STOP MEMO WAS GIVEN BY THE PRINCIPAL AGRICULTURAL OFFICER, ERNAKULAM. Exhibit P10 TRUE PHOTO COPY OF THE NOTICE DATED 10.03.2021 WAS DELIVERED FROM THE OFFICE OF THE 3RD RESPONDENT. Exhibit P11 TRUE PHOTO STAT COPY OF THE SUSPENSION ORDER DATED 19.03.2021. Exhibit P12 TRUE PHOTO STAT COPY OF THE OBJECTION AND EXPLANATION SUBMITTED BY THE IST PETITIONER DTD. 27.04.2021. Exhibit P13 TRUE PHOTO STAT COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR RENEWAL OF THE FORM O DATED 17.03.2021. W.P.(C).No.19237/2021 6 Exhibit P14 TRUE PHOTOSTAT COPY OF THE CHALLAN FOR RENEWAL OF FORM AI SUBMITTED BY THE PETITION ER DATED 18.03.2021. Exhibit P15 TRUE PHOTO STAT COPY OF THE CHLLAN SUBMITTED BY THE PETITIONER FOR RENEWAL OF THE FORM O DATED 18.03.2021. Exhibit P16 TRUE PHOTO STAT COPY OF THE MEMORANDUM OF INTIMATION. Exhibit P17 TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGEMENT DATED 12.11.2020 ISSUED BY THE 3RD RESPONDENT. Exhibit P18 TRUE PHOTOSTAT COPY OF THE REPRESENTATION WAS GIVEN TO THE HONOURABLE MINISTER OF AGRICULTURE OF THE STATE OF KERALA DATED 03.09.2021.
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.