Fumitech Quarantine (INDIA) PVT. LTD. vs. The Plant Protection Advisor TO The Government Of INDIA - Kerala High Court, 12 March 2021

W.P(c).No.5623/2021-C 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942 WP(C).No.5623 OF 2021(C) PETITIONER: FUMITECH QUARANTINE (INDIA) PVT. LTD., DOOR NO.39/5556, NEAR SOUTH RAILWAY OVER BRIDGE UNDERPASS, PANAMPILLY NAGAR, COCHIN-682036 REPRESENTED BY ITS MANAGING PARTNER, SIBIN K.M. BY ADVS. SMT.ANUROOPA JAYADEVAN SRI.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, REGIONAL PLANT QUARANTINE STATION, GST ROAD, MENNAMBAKKAM, CHENNAI-600021. 3 THE PLANT PROTECTION ADVISOR TO THE GOVERNMENT OF INDIA, DIRECTORATE OF PLANT PROTECTION QUARANTINE AND STORAGE, BANGULURU-560003. 4 THE PLANT PROTECTION QUARANTINE OFFICER TO THE GOVERNMENT OF INDIA, DIRECTORATE OF PLANT PROTECTION QUARANTINE AND STORAGE, WEST ISLAND, KOCHI-682003. R1-4 BY ADV. P.VIJAYAKUMAR, ASGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(c).No.5623/2021-C 2 P.V.ASHA, J. ----------------------------------------------------- W.P(c) No.5623 of 2021-C ---------------------------------------------------- Dated this the 12th day of March, 2021 J U D G M E N T The Writ Petition is filed seeking directions to the respondents to renew and revalidate Ext.P.6 licence and to issue the Fumigation Operators licence. The case of the petitioners is that an application for renewal of Ext.P6 licence of Aluminium Phosphide was submitted on 20.09.2017. Ext.P6 licence was expired in 2015 and Ext.P8 application for renewal was submitted on 20.09.2017. According to the petitioner, several correspondences were made for revalidating the licence after submitting the renewal application and it was stated that the process of inspection is pending.

The learned ASGI on instructions submits that the application for renewal was submitted two years after the expiry of the licence in 2015. It is stated that on the basis of the application, inspection was attempted to be conducted. But due to the unavailability of the petitioner, the inspection could not be conducted. It is stated that in case the petitioner submits a fresh application, that would be processed.

Therefore, the petitioner would be free to submit a fresh application for renewal of Ext.P6 licence. In case it is submitted within two weeks, the

W.P(c).No.5623/2021-C 3 respondents shall process the same and pass orders on it in accordance with law within a further period of two months. The Writ Petition is disposed of accordingly. (P.V.ASHA, JUDGE) rtr/

W.P(c).No.5623/2021-C 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1OF THE RELEVANT PAGES OF THE COMPANY REGISTRATION CERTIFICATE. EXHIBIT P2 THEOF THE LICENSE ISSUED BY THE DEPARTMENT OF CENTRAL BOARD EXCISE AND CUSTOMS DATED 03/02/2014. EXHIBIT P3 THEOF THE LICENSES ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER'S FIRM. EXHIBIT P4 THEOF THE LICENSE ISSUED BY THE DEPARTMENT AGRICULTURE DEVELOPMENT AND FARMERS WELFARE DEPARTMENT, GOVERNMENT OF KERALA DATED 12/02/2020. EXHIBIT P5 THEOF THE LICENSES ISSUED BY THE 1ST RESPONDENT HAVING REGISTERED NUMBER 465/MB TO THE PETITIONER. EXHIBIT P6 THEOF THE LICENSES ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR ALUMINIUM PHOSPHIDE TREATMENTS HAVING THE REGISTERED NUMBER 302/ALP. EXHIBIT P7 THEOF THE STATEMENT DATED 08/02/2021. EXHIBIT P8 THEOF THE APPLICATION DATED 20/09/2017 FILED BEFORE THE 1ST RESPONDENT. EXHIBIT P9 THEOF THE OFFICE MEMORANDUM ON 01/05/2020. EXHIBIT P10 THEOF THE LETTER ISSUED BY THE PETITIONER TO THE 2ND AND 3RD RESPONDENTS DATED 11/10/2017. EXHIBIT P11 THEOF THE LETTER ISSUED BY THE PETITIONER TO THE 2ND AND 3RD RESPONDENTS DATED 20/02/2021. EXHIBIT P12 THEOF THE DETAILS OF THE RELEVANT PAGE OF THE SITE OF THE 1ST RESPONDENT.