The Court upheld the validity of conditions imposed by the Plant Quarantine Officer requiring payment of penalties for imported timber fumigated outside the country, relying on the Plant Quarantine Order, 2003.
Relief prayed for was denied. Liberty granted to challenge the Parent Order later.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2021
CORAM
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
Writ Petition No. 18405, 18424, 18436, 19212, 19977, 20044, 22127, 22129, 24019, 29156, 29385, 32381 and 32386 of 2019
Writ Petition Nos. 4486 and 17164 of 2020,
Writ Petition Nos. 15906, 17705 and 17716 of 2021
M/S.BEST TIMBERS REP. BY ITS PARTNER MR.C.R.KRISHA ... PETITIONER in WP No.18405 of 2019
M/S.MAHAVIR WOOD INDUSTRIES REP. BY ITS PARTNER MR.JAYANTHILAL PATEL ... PETITIONER in WP No.18424 of 2019
M/S.SRI RAJLAXMI TIMBER CORPORATION REP. BY ITS PARTNER MR.BHIMJI N.PATEL
... PETITIONER in WP No.18436 of 2019
M/S.SAYAR TIMBER AND PLY REP BY ITS PROPRIETOR D. DIESH KUMAR JAIN
... PETITIONER in WP No.19212 of 2019
M/S.RAVI WOOD INDUSTRIES REP BY ITS PARTNER SHYAM KUMAR PATEL
... PETITIONER in WP No.19977 of 2019
R.SURESH KUMAR PROPRIETOR M/S. RAVI TIMBER AGENCY
... PETITIONER in WP No.20044 of 2019
M/S.GEETHA WOOD INDUSTRIES REP. BY ITS PARTNER PACHANBHAI DHANJI PATEL ... PETITIONER in WP No.22127 of 2019
M/S.PARAS PROMOTERS REP. BY ITS PROPRIETOR MR.IRULAPPAN
... PETITIONER in WP No.22129 of 2019
M/S.JCA INDUSTRIES TEAK WOOD FURNITURES REP BY ITS PROPRIETOR MR.J.AUGUSTIN
... PETITIONER in WP No.24019 of 2019
M/S.LOGS INDIA PRIVATE LTD REP. BY ITS MANAGER MR.R.ARUMUGAM
... PETITIONER in WP No.29156 of 2019
M/S.SUN LIGHT TIMBER INDUSTRIES PRIVATE LTD.
REP BY ITS MANAGER C.PANNEER SELVAM
... PETITIONER in WP No.29385 of 2019
HURSUKH LAL PATEL PROPRIETOR CHOPRA TIMBERS
... PETITIONER in WP No.32381 of 2019
M/S.C.T.TRADING CO. REP BY ITS PARTNER JITENDRA KUMAR CHOPRA
... PETITIONER in WP No.32386 of 2019
M/S.SRI KADHIRAPPA YADHAV TIMBER DEPO REP. BY ITS PROPRIETOR GOLLA RAMA
... PETITIONER in WP No.4486 of 2020
BEST TIMBERS REP BY ITS PARTNER G. MADHU
... PETITIONER in WP No.17164 of 2020
M/S.RUKMONI BOARDS PRIVATE LIMITED REP.BY ITS DIRECTOR MR.MAHADEV LAL AGARWAL
... PETITIONER in WP No.15906 of 2021
VANDANA TIMBER PRIVATE LIMITED THROUGH AUTHORIZED SIGNATORY MR.SANCHIT PRAVIN JETHWA
... PETITIONER in WP No.17705 of 2021
RSV TIMBER TRADELINKS THROUGH ITS AUTHORIZED SIGNATORY MR.MUKESH KUMAR ... PETITIONER in WP No.17716 of 2021
Vs
THE UNION OF INDIA, REP. BY ITS UNDER SECRETARY MINISTRY OF AGRICULTURE AND FARMES WELFARE DEPARTMENT OF AGRICULTURE, KRISHI BHAVAN, NEW DELHI.
... 1ST RESPONDENT in WP Nos.18405, 18424, 18436, 19212, 19977, 20044, 22127, 22129, 24019, 29156, 29385, 32381, 32386 of 2019, 4486 and 17164 of 2020, 15906, 17705, 17716 of 2021
THE PLANT PROTECTION OFFICER, PLANT QUARANTINE STATION, DOOR NO.101, PLOT NO.110, 2ND STREET, C.G.E. COLONY, TUTICORIN DISTRICT.
... 2ND RESPONDENT in WP Nos.18405, 18424, 18436, 19212, 22127, 22129 of 2019 ... 3RD RESPONDENT in WP Nos.29156, 29385 of 2019
THE PLANT PROTECTION OFFICER, PLANT QUARANTINE STATION, REGIONAL PLANT QUARANTINE STATION (RPQS), NEAR TRIDENT HOTEL, MEENAMBAKKAM, CHENNAI-27.
... 3RD RESPONDENT in WP Nos.18405, 18424, 18436, 19212, 22127, 22129 of 2019 ... 2ND RESPONDENT in WP Nos.19977, 20044, 24019, 32381, 32386 of 2019, 4486 and 17164 of 2020, and 15906 of 2021
THE DEPUTY DIRECTOR, REGIONAL PLANT QUARANTINE STATION, G.S.T.ROAD, NEAR TRIDENT HOTEL, MEENAMBAKKAM, CHENNAI-600 027.
... 2ND RESPONDENT in WP Nos.29385 & 29156 of 2019
THE OFFICER INCHARGE, PLANT QUARANTINE STATION, REGIONAL PLANT QUARANTINE STATION (RPQS), GST ROAD, NEAR TRIDENT HOTEL, MEENAMBAKKAM, CHENNAI-27.
... 3RD RESPONDENT in WP Nos.17705 & 17716 of 2021
THE PLANT PROTECTION OFFICER, DIRECTORATE OF PPQ AND MINISTRY OF AGRICULTURE AND FARMERS WELFARE NH-IV, FARIDABAD.
... 2ND RESPONDENT in WP Nos.17705, 17716 of 2021
DIRECTOR OF PLANT PROTECTION PLANT PROTECTION MINISTRY OF AGRICULTURE AND FARMERS WELFARE, ROOM NO.297-D, KRISHIBHAWAN, NEW DELHI- 110 001.
... 4TH RESPONDENT in WP Nos.17705, 17716 of 2021
These Writ Petitions are filed under Article 226 of constitution of India to Writ of Certiorari,
Prayer in WP Nos.18405, 18424, 18436, 19212, 19977, 20044, 22127, 22129 of 2019:
Calling for records relating to condition No.3 of Office Memorandum in O.M.No.8/131 /2016 PP.II dated 27/12/2018 issued by the 1st respondent and quash the same as illegal.
Prayer in WP Nos.24019, 32381, 32386 of 2019:
Calling for the records relating to condition No 3 of Office memorandum in O.M.NO 8/131/2016- PP-II dated 1.7.2019 issued by the 1st Respondent and quash the same as illegal.
Prayer in WP Nos.29156 & 29385 of 2019:
Calling for records relating to Condition no.3 of Office Memorandum in O.M.No.8/131/ 2016-PP.II dated 28.06.2017 issued by the 1st respondent and quash the same as illegal.
Prayer WP No.4486 of 2020:
Calling for the records relating to condition No. 3 of Official Memorandum dated 30.12.2019 in No. B-325/ 2019-PPII issued by the 1st respondent and quash the same as illegal and void.
Prayer in WP Nos.15906 of 2021 & 17164 of 2020:
Calling for the records relating to condition No.3 of Official Memorandum dated 19.6.2020 in No.8-325/ 2019-PP II issued by the first respondent and quash the same as illegal and void.
Prayer in WP No.17705 & 17716 of 2021:
Calling for the records and quashing and setting aside condition no.3 of impugned office Memorandum No.8-131/ 2016PP.II dated 28.06.2017 (Annexure A1) impugned office Memorandum No.8-131/ 2016-PP.II dated 27.12.2018 (Annexure A2) and Office Memorandum No.8-325/ 2019-PP.II dated 19.06.2020 (Annexure A3) or any other appropriate Writ, order of direction and consequentially direct the Respondents not to insist only for Methyl Bromide as Fumigation agent under Regulation 9 of PQ order, 2003 (Annexure B) and Permit the equivalent fumigation treatment / agent under PQ Order, 2003 without any payment of any additional fees /charges/fine/penalty, and to approve quarantine clearance by issuing NOC for the consignment and
permit the petitioner to unload/remove the timber with one time inspection fees, without charging of any additional or Penal fees/fine/penalty in the interest of Justice.
Counsel for the Petitioner in
Mr.A.Selvendiran : WP Nos.18405, 18424, 18436, 22127 and 22129 of 2019 Mr.J.R.K.Bhavanantham : WP No.19212 of 2019 Mr.R.Vijaya Raghavan : WP Nos.19977 and 20044, 32381 and 32386 of 2019 Mr.R.Thirumalai : WP No.17164 of 2020 Mr.G.Punniakoti : WP No.24019 of 2019 Mr.P.Palaninathan : WP Nos.29156 and 29385 of 2019 Mr.Chithiragomathi : WP Nos.4486 of 2020, 15906 of 2021 Mr.Bharat Raichandani : WP Nos.17705 and 17716 of 2021
Counsel for the Respondents in
Mr.J.Mathanagopal Rao, CGSC : WP Nos.18405, 18436 of 2019, 24019, 29156, 19977 and 20044 of 2019 Mr.K.Ashok, ACGSC : WP No.18424 of 2019 Mr.S.Sathish Rajan, CGSC : WP No.19212 of 2019 Mr.S.Muthusamy, ACGSC : WP Nos.22127 and 22129 of 2019 Mr.Avinesh Krishnan Ravi, CGSC : WP No.29385 of 2019 Mr.M.P.Jaisha, CGSC : WP No.32381 of 2019 Mr.K.Ramamoorthy, CGC : WP No.32386 of 2019 Mr.R.Rajesh Vivekananthan : WP Nos.4486, 17164 of 2020 Mr.M.Karthikeyan : WP No.15906 of 2021 Mr.T.V.Krishnamachari : WP Nos.17705 & 17716 of 2021
COMMON ORDER
WP No. 18405 of 2019 is filed questioning the validity and/or correctness of the condition No. (iii) of the Office Memorandum dated 27.12.2018 issued by the first respondent in and by which penal fee was levied for those consignments covered under the bills of lading in the country of export, before 30th June 2019.
trees for industrial purpose has been prohibited by virtue of the judgment of the Honourable Supreme Court in the case of T.N. Godavarman Thirumalpad vs. Union of India. Therefore, the importers like the petitioners have resorted to import wooden logs from countries like Latin America, Western Africa etc., It is contended that the wood required for the Industry has to be fumigated/treated with "Methyl bromide" but it is prohibited in the European Countries and therefore, the wooden logs could not be subjected to fumigation at the port of Boarding. Taking note of the difficulties faced by the importers, the first respondent in exercise of the power conferred under Order 14 of the Plant Quarantine Regulation of Import into India Order, 2003, granted relaxation of fumigation norms at the port of Boarding and permitted fumigation at the Port of discharge. Having relaxed the fumigation norms for some time, the first respondent imposed certain conditions for importing timber/wooden logs. One of the conditions being imposition of penalty for fumigation of the wooden logs Contending that the Plant Quarantine Regulations of Import into India Order, 2003 does not provide any power or authority to the first respondent to levy any penalty, the petitioners are before this Court with this batch of writ petitions.
penalty clause incorporated in the Office Memorandums issued by the first respondent is arbitrary and the first respondent is not empowered to impose any penalty or fee while granting relaxation of the fumigation norms. Such a contention urged on behalf of the petitioners in these writ petitions cannot be countenanced inasmuch as Clause 14 (2) of Chapter VI of the Plant Quarantine Order, 2003 empowers the first respondent to impose levy as a condition precedent for permitting the import of the wooden logs. Thus, a discretion has been conferred to the first respondent to impose levy and it cannot be called in question by the petitioners. In such view of the matter, this Court is not inclined to grant the relief, as prayed for in these writ petitions.
Sd/-
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
rsh
To
3.The Deputy Director, Regional Plant Quarantine Station, GST Road, Near Trident Hotel, Meenambakkam, Chennai-27.
+4ccs to Mr.S.Muthusamy, CGSC Sr Nos.45338, 45337
+1cc to Mr.J.R.K.Bhavanantham, Advocate Sr No.45469
+2ccs to Mr.T.V.Krishnamachari, Advocate SR. Nos.44995, 44994 (13/12/2021)
WP No. 18405 of 2019 etc.,
RSI (CO) PR (27/10/2021)
1 issue framed by the court
Whether the Plant Quarantine Officer has the power to impose penalties on importers for fumigation relaxation granted under the Plant Quarantine Order, 2003.
1 provisions across 1 enactments
M/S.BEST TIMBERS
M/S.MAHAVIR WOOD INDUSTRIES
THE UNION OF INDIA
THE PLANT PROTECTION OFFICER, PLANT QUARANTINE STATION, TUTICORIN
THE DEPUTY DIRECTOR, REGIONAL PLANT QUARANTINE STATION, CHENNAI
R. MAHADEVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
