w w w . L a w y e r S e r v i c e s . i n



First Choice International, Rep., by its Partner, R. Kesavaram v/s The Commissioner of Customs, Customs House, Chennai & Others

    W.P. No. 26626 of 2017 & W.M.P. Nos. 28343 & 38015 of 2017

    Decided On, 22 June 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM

    For the Petitioner: K. Raja, Advocate. For the Respondents: R1, R. Hemalatha, Senior Panel Counsel, R2, B. Satish Sundar, Advocate, R3, No appearance.



Judgment Text

(Prayer: 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.)

1. 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

Please Login To View The Full Judgment!

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.
O R