S. SATHEESH KUMAR Vs. SPICES BOARD

JUDGEMENT

(1.) The matter relates to auctioning of Cardamom through the fourth respondent. The petitioner is a Cardamom Grower. Originally, auction was scheduled on 22.06.2018, on which day, there was some misunderstanding between the sellers and buyers and, therefore, auction was stopped abruptly in the afternoon. The fourth respondent approached the Spices Board seeking permission to conduct re-auction on 26.06.2018. At the same time, the growers as well as the traders have reached an agreement and are willing to participate in the auction. The same was not accepted by the second respondent, who is the Regulator of the Cardamom sale. Hence, the Writ Petition.

(2.) The learned Senior Counsel appearing for the petitioner would submit that Cardamom sale is regulated by the Spices Board and without their concurrence, it cannot take place. If the auction is postponed to a longer date, the value of the Cardamom will go down, as it gets dried and faded.

(3.) The learned Senior Counsel appearing for the respondents 1 to 3 would submit that the respondents 1 and 2 are maintaining transparency and level playing field among the sellers, buyers and auctioneers. Each and every auctioneer can conduct auction thrice in a month. The schedule of auction has already been finalised for the entire month. If one auctioneer is permitted to hold a re-auction in excess of his quota, it will bring in discrimination and favouritism, which will ultimately affect the transparency maintained by the respondents 1 and 2. Therefore, it is not feasible to permit them to conduct re-auction immediately on 26.06.2018. The other reason for not permitting the re-auction on 26.06.2018 is that the shortage of time within which the communication to all the growers cannot be given. Furthermore, the person who approached this Court is only one grower and the stand of other growers is not known. Therefore, the auction cannot be re-scheduled within a short span of time.