DIAMOND NUTS Vs. PLANT PROTECTION OFFICER (E)

JUDGEMENT

(1.) This writ petition has been filed seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 30.03.2021 passed by the first respondent and quash the same as illegal and direct the 3rd respondent to grant the one time relaxation covered under the bill of entry no.7899664 dated 13.06.2020.

(2.) The petitioner is engaged in import, processing and export of cashew from African Countries. The petitioner had imported 133.158 MTs of raw cashew nuts, vide bill of entry No.7899664 dated 13.06.2020 through Tuticorin customs. The first respondent, namely, the Plant Protection Officer, Plant Quarantine Station, Tuticorin, raised certain objections on the phytosanitary certificate issued on this consignment, which reads as follows:

(3.) The petitioner has filed an appeal on 13.07.2020 before the appellate authority, namely, the Joint Director (PP), Directorate of Plant Protection, Quarantine and Storage, as against the deportation order dated 08.07.2020. Since the appeal was pending before the appellate authority and considering the nature of goods imported, the petitioner approached this Court by way of filing a writ petition in W.P(MD)No. 10574 of 2020 seeking a writ of mandamus, for early disposal of the appeal. This Court, vide order dated07.09.2020, directed the appellate authority to pass orders on the appeal filed by the petitioner on 13.07.2020, within a period of two weeks from the date of receipt of a copy of the order. Even then, it appears that the appellate authority has not passed a final order. Therefore, the petitioner appears to have issued a contempt notice. Thereafter, the appellate authority, vide order dated 29.10.2020, dismissed the appeal filed by the petitioner stating that non-fulfilment of the mandatory requirements could have serious ramifications for our flora and fauna as well as environment in general. As against the order dated 29.10.2020, the petitioner filed a writ petition in W.P.(MD) No.16756 of 2020. This Court, vide order dated 26.11.2020, disposed of the writ petition, directing the second respondent to consider the petitioner's application dated 08.09.2020, filed under Article 14 of the Plant Quarantine (Regulations of Import into India) Order, 2003, seeking for one time relaxation for the production of phytosantiary certificate in respect of the imported 133.158 MTs of raw cashew nuts, under bill of entry No.7899664 dated 13.06.2020, filed with Tuticorin Customs and pass final orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of the order. This Court further granted liberty to the petitioner to challenge the very same impugned order, dated 29.10.2020, passed by the first respondent, before this Court under Article 226 of the Constitution of India, if the application dated 08.09.2020, submitted by the petitioner seeking for one time relaxation is rejected by the second respondent. Consequently, the first respondent, by impugned order dated 30.03.2021, rejected the petitioner's claim for relaxation stating that as per Article 14 of the Plant Quarantine (Regulations of Import into India) Order, 2003, it could not be granted to the petitioner, when the appellate authority has already decided the issue and it could be a wrong precedent and non-fulfilment of the mandatory requirements could have serious ramifications for our flora and fauna as well as environment in general. Aggrieved over the same, the petitioner has filed the present writ petition.