Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 9TH DAY OF JANUARY 2024 / 19TH POUSHA, 1945 WP(C) NO. 490 OF 2024 PETITIONER: RNS SPICES, 14/623, 624, 625, NIRAPPEL KADA, KUZHITHOLU PO, IDUKKI, REPRESENTED BY ITS MANAGING PARTNER RINCE JOSEPH, AGED 35 YEARS, S/O JOSEPH, RESIDING AT SRAMBIKKAL, KUZHITHOLU PO, IDUKKI, PIN - 685552 BY ADVS. P.RAMAKRISHNAN PREETHI RAMAKRISHNAN (P-212) C.ANIL KUMAR ASHA K.SHENOY PRATAP ABRAHAM VARGHESE GOKUL KRISHNA RESPONDENTS:
1 SPICES BOARD, SUGANDHA BHAVAN, N.H. BYPASS, PALARIVATTOM PO, KOCHI , REPRESENTED BY ITS SECRETARY, PIN - 682025 2 THE SECRETARY, SPICES BOARD, SUGANDHA BHAVAN, N.H. BYPASS, PALARIVATTOM PO, KOCHI, PIN - 682025 3 THE DIRECTOR (MKTG), SPICES BOARD, SUGANDHA BHAVAN, N.H. BYPASS, PALARIVATTOM PO, KOCHI, PIN - 682025 4 THE SOUTH INDIAN CARDAMOM ONLINE AUCTION PRIVATE LIMITED, III/505 C AND 505/D, KUMILI - KATTAPPANA ROAD, PAMPUMPARA, IDUKKI, REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 685551 5 KOKO SPICES PRIVATE LIMITED, 25/28, VALUMMEL, VALLAKKADAVU, KADAMAKKUZHI PO, KATTAPPANA, KERALA, REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 685513 BY ADVS. SANTHOSH MATHEW ARUN THOMAS(K/844/2007) KARTHIKA MARIA(K/001293/2016) ANIL SEBASTIAN PULICKEL(K/000278/2018) SHINTO MATHEW ABRAHAM(K/977/2018) MATHEW NEVIN THOMAS(K/000936/2019) KURIAN ANTONY MATHEW(K/1812/2020) JOE S. ADHIKARAM(K/000838/2020) SRI ANTONY MUKKATH-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The singular grievance of the petitioner in this Writ Petition is that, even though they have preferred an application for license before the 1st respondent - Spices Board, on 17.10.2023, same has not been yet processed or allowed, though such benefit has been granted to various others, as evident from Exts.P4 and P5 issued in favour of respondents 4 and 5.
2. Sri.P.Ramakrishnan - learned counsel for the petitioner,
explained that his client has been constrained to approach this Court because, even while the Spices Board favoured respondents 4 and 5 with Exts.P4 and P5, processing of his client’s application has been delayed indefinitely and that this is causing them irreparable prejudice. He, therefore, prayed that the 1 st respondent be directed to consider his client’s application for license within a time frame to be fixed by this Court and that in the meanwhile, Exts.P4 and P5 be quashed.
3. Sri.Antony Mukkath - learned Standing Counsel for the
Spices Board, in response, submitted that the apprehension of the petitioner is not merely untenable, but mischievous, because all applications received by his client until 31.07.2023 have already been processed and that Exts.P4 and P5 are part of the same. He added that, since the petitioner’s application is dated 17.10.2023, the same is now being processed and a final decision thereon will be taken without any avoidable delay, but not later than one month. He, therefore, prayed that this Writ Petition be dismissed.
4. Sri.Harihara Puthran and Sri.Santhosh Mathew - learned counsel appearing for respondents 5 and 4 respectively, submitted that the allegations made by the petitioner against their clients are
extremely uncharitable and frivolous, because applications of applicants have been processed by the Spices Board based on the dates on which they were made. They thus prayed that this Writ Petition against their clients be dismissed.
5. When I evaluate and consider the afore submissions, it is
evident that the main apprehension of the petitioner is that their application has not been considered by the Spices Board until now. Since the learned Standing Counsel for the Spices Board says that this shall be done within a month, I do not think that any further orders are required from this Court.
6. That said, as far as Exts.P4 and P5 are concerned, I am
certainly of the view that it will not be prudent for this Court to enter into the merits of the same, particularly when it relates to respondents 4 and 5, who may not similarly placed as the petitioner qua their credentials and such other imperative requirements. This is a matter which cannot be impelled by the petitioner in a Writ Petition of this nature, particularly when they admit that they have not received a license until now.
In the afore circumstances, I allow this Writ Petition, to the
limited extent of directing the competent Authority of the Spices Board to take up petitioner’s application for license and dispose of the same as per law, following due procedure and after affording them necessary opportunity of being heard; thus culminating in an appropriate order/necessary action thereon; as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.
Needless to say, all contentions of the petitioner against Exts.P4 and P5 are left open, if they intend to pursue it in future; for which purpose, they are left undecided.
Sd/- RR DEVAN RAMACHANDRAN JUDGE APPENDIX OF WP(C) 490/2024 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF LICENSE DATED 20/12/2023 ISSUED BY THE 1ST RESPONDENT SPICES BOARD TO THE PETITIONER Exhibit P-2 TRUE COPY OF CIRCULAR DATED 19/6/2023 ALONG WITH ANNEXURE II AN III ISSUED BY THE 3RD RESPONDENT Exhibit P-3 TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT BOARD ON ACCEPTANCE OF THE PRESCRIBED FEE ON 17/10/2023 Exhibit P-4 TRUE COPY OF LETTER DATED 15/12/2023 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT Exhibit P-5 TRUE COPY OF LETTER DATED 15/12/2023 ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT