Petitioner sought to restrain import and direct destruction of apples violating import orders. Petition disposed of since imported apples had already rotted and been destroyed ex-parte.
Writ petition disposed of without costs as the subject matter was already destroyed.
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 : 22.06.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM
W.P.No.26626 of 2017 and W.M.P.Nos.28343 & 38015 of 2017
First Choice International, Rep., by its Partner, Mr.R.Kesavaram, Carrying on business at No.12, Nehru Second Cross Street, Madhavaram, Chennai-60. .. Petitioner
-vs-
Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus forbearing the 1st respondent and his men and agents from bringing Fresh Apple of 23,184 kgs and Fuji Apple of 76,375 kgs mentioned at Serial Nos.22 and 23 in the online auction notification scheduled to be held on 13.10.2017 or on any other subsequent dates and consequently direct the respondents herein to destroy the same by following due process.
For Petitioner : Mr.K.Raja
For R1 : Mrs.R.Hemalatha, Senior Panel Counsel For R2 : Mr.B.Satish Sundar For R3 : No appearance
ORDER
The relief sought for in the present writ petition is to forbear the 1st respondent and his men and agents from bringing Fresh Apple of 23,184 kgs and Fuji Apple of 76,375 kgs mentioned at Serial Nos.22 and 23 in the online auction notification dated 13.10.2017 and consequently direct the respondents to destroy the same by following due process.
2.The learned counsel for the petitioner mainly relied upon paragraphs 3 and 4 of the order passed by the Government of India, Ministry of Agriculture and Farmers Welfare Department of Agriculture dated 01.05.2017, which read as follows:-
“3.Regular interception of quarantine pests found to be associated with apple, peal and tagetes seed indicates failure of phytosanitary control system in China. These non-compliances have already been communicated to you by the concerned Plant Quarantine Stations of India. It is a serious violation of the phytosanitary regulations of India i.e., Plant Quarantine (Regulation of Import into India) Order, 2003 and IPPC norms, causing serious bio-security risk to Indian agriculture.
4.In view of repeated interceptions of quarantine pests at the port of entry, NPPO India is constrained to temporarily suspend the import of appeal, pear and tagetes seed from China as a provisional measure.”
3.Relying on the said orders, the learned counsel for the petitioner reiterated that import of apple from China is impermissible. Contrary to the orders, such apples are sought to be imported. Thus, the petitioner is constrained to move the present writ petition.
4.Interim order was passed by this Court at the time of admission and the respective learned counsel appearing on behalf of the respondents brought to the notice of this Court that the apples imported were became rotten and were destroyed and
therefore, no further consideration is required in this writ petition.
5.In view of the facts and circumstances, no further consideration is required with reference to the grounds raised in this writ petition.
6.Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Assistant Registrar
//True Copy//
Sub Assistant Registrar
abr
To
The Commissioner of Customs, Customs House, Rajaji Salai, Chennai-600 001.
+1cc to M/S.R.Hemalatha, Senior Standing Counsel, S.R.No.29067
W.P.No.26626 of 2017
PL(CO) SU(22/07/2021)
1 issue framed by the court
Whether the writ petition can be disposed of when the subject matter (imported apples) has been destroyed.
2 provisions across 2 enactments
First Choice International
The Commissioner of Customs, Customs House, Rajaji Salai, Chennai
National Association of Container Freight Station
Matex Net Private Limited
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
