Disposed

M/S. Headed Systems (India) Ltd. v. Spices Board

Kerala HC1 Nov 2017WP(C)/15585/2015

Case brief

AI extract

What is this about?

Petitioner challenged restrictions on cardamom auction days and sought exclusive days for renewal. Court directed Spices Board to consider renewal application under existing rules and evaluate grant of exclusive days based on past auction performance.

What did the court decide?

Directed Spices Board to consider renewal application per existing rules and consider petitioner's claim for exclusive auction days based on past performance.

M/S. Headed Systems (India) Ltd. Vs Spices Board — Service and Employment | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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WEDNESDAY, THE 1ST DAY OF NOVEMBER 2017/10TH KARTHIKA, 1939

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WP(C).No. 15585 of 2015 (W)

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PETITIONER :

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M/S. HEADER SYSTEMS (INDIA) LTD., HAVING ITS OFFICE AT EAST JUNCTION, OPP. GRAMA PANCHAYAT OFFICE, NEDUMKANDAM POST, IDUKKI DISTRICT, REPRESENTED BY ITS DIRECTOR, THOMAS VARKEY, AGED 45 YEARS, S/O.VARKEY THOMAS.

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BY SRI.S.SREEKUMAR,SENIOR ADVOCATE ADVS. SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA

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RESPONDENT(S):

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1. SPICES BOARD, SUGANDA BHAVAN, N.H BYE PASS, PB.NO.2277, PALARIVATTOM P.O, KOCHI -682 025

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2. THE CHAIRMAN,

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SPICES BOARD, SUGANDA BHAVAN, N.H BYE PASS, P.B NO.2277, PALARIVATTOM P.O, KOCHI 682 025

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R1 & R2 BY SRI.O.V.RADHAKRISHNAN,SR SRI.SAJEEV R. MENON SMT.K.RADHAMANI AMMA

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 15585 of 2015 (W)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1	TRUE COPY OF JUDGMENT IN WP(C) NO.13331 OF 2011 DATED 25/05/2011 OF THIS HON'BLE COURT.
P2:	TRUE COPY OF THE PROCEEDINGS DATED 08.07.2011 OF 2ND RESPONDENT
P3:	TRUE COPY OF THE CIRCULAR DATED 16.08.2011 ISSUED BY THE 1ST RESPONDENT
P4:	TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR RENEWAL OF LICENSE ON 15.12.2014
P5:	TRUE COPY OF THE BANK GUARANTEE DATED 06.01.2015
P6:	TRUE COPY OF THE CIRCULAR DATED 14.01.2015 ISSUED BY THE 1ST RESPONDENT
P7:	TRUE COPY OF THE LICENSE NO. AU/CS/H343/004/2015 DATED 15.01.2015
P8:	TRUE COPY OF REPRESENTATION DATED 27.01.2015 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT
P9:	TRUE COPY OF THE COMPARATIVE TABLE OF QUANTITY OF CARDAMOM AUCTIONED BY THE PETITIONER FOR THE FINANCIAL YEAR 2013-14
P10:	TRUE COPY OF THE COMPARATIVE TABLE OF QUANTITY OF CARDAMOM AUCTIONED BY THE PETITIONER FOR THE FINANCIAL YEAR 2014-15
P11:	TRUE COPY OF THE COMPARATIVE TABLE OF QUANTITY WISE AUCTION SALE FOR APRIL AND MAY, 2015
P12:	TRUE COPY OF THE COMPARATIVE TABLE OF QUANTITY OF SALES ACHIEVED BY THE AUCTIONEERS FOR THE PERIOD 2012-13, 2013-14, 2014-15

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RESPONDENT(S)' EXHIBITS AND ANNEXURES:

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ANNEXURE R1(A) COPY OF THE AMENDED CARDAMOM (LICENSING AND MARKETING) RULES AMENDED IN NOVEMBER 2014.

/TRUE COPY/

P.A.TO JUDGE

sts

K. VINOD CHANDRAN, J.

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===================== W.P.(C)No.15585 of 2015 - W

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========================= Dated this the 01^st day of November, 2017

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Judgment

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The petitioner was aggrieved with the restriction

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made of the auction permitted to be carried out by the petitioner in the Bodinayakkanur and Puttady auction houses of the Spices Board. Earlier also, the petitioner was before this Court with a writ petition, which was disposed of by Ext.P1, directing consideration. The petitioner was issued with Ext.P2 licence based on its auction performance. During that season, the petitioner was permitted to conduct auction on exclusive days also from 2011 onwards.

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Later, however, there was a change made and the petitioner was clubbed with another. The petitioner was aggrieved with the same and filed the above writ petition. The

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W.P.(C) No.15585/2015

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petitioner is continuing as per the allotment as per Ext.P5. In any event, the said licence is expiring on 31.12.2017. The petitioner is also willing to carry on the auction in accordance with Ext.P5 licence till 31.08.2017. The petitioner only prays that when a new licence is considered the petitioner may be granted exclusive days for conducting auctions on the basis of their prior performance at auction.

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The learned Standing Counsel appearing for the Spices Board submits that there could be a change of norms in the next year. It is also submitted that there would be fresh applications from other auctioneers also. In such circumstance, the Spices Board would consider the claim of the petitioner based on the then existing rules. The writ petition is disposed of, directing the Spices Board to consider the application of renewal as per the rules, which are existing at the time of renewal and also consider whether the petitioner can be granted exclusive

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W.P.(C) No.15585/2015

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days on the basis of the quantity auctioned in the previous years without prejudice to any other licenses.

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With the above directions, the writ petition would

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stand disposed of. No costs.

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Sd/-

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K. VINOD CHANDRAN, JUDGE

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SB/01/11/2017

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// true copy //

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P.A to Judge

M/S. Headed Systems (India) Ltd. v. Spices Board

Case brief

What is this about?

What did the court decide?

M/S. Headed Systems (India) Ltd. v. Spices Board

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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