IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WP(C).No. 26844 of 2009(A) -------------------------- PETITIONER(S): --------------- MR. JAIKISHAN.H.ASHER, PROPRIETOR, BALAKRISHNA SALES CORPORATION, ADMINISTRATIVE OFFICE 1/D, ANJAM APARTMENTS, CHITTOOR ROAD, IYYATTIL JUNCTION, ERNAKULAM-682011. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI.MADHU N.NAMBOOTHIRIPAD RESPONDENT(S): --------------- 1. STATE OF KERALA REP. BY CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM. 2. PRINCIPAL AGRICULTURAL OFFICER, PRINCIPAL AGRICULTURAL OFFICE CIVIL STATION KOCHI-30. 3. DEPUTY DIRECTOR OF AGRICULTRUE(T) PRINCIPAL AGRICULTURAL OFFICE, CIVIL STATION, KOCHI-30. 4. THEASSISTANT DIRECTOR OF AGRICULTURE (QUALITY CONTROL) OFFICE OF THE PRINCIPAL AGRICULTURAL OFFICE CIVIL STATION, CALICUT-673020. 5. ADDITIONAL DIRECTOR OF AGRICULTURE, DIRECTORATE OF AGRICULTURE (PLG) VIKAS BHAVAN, THIRUVANANTHAPURAM. 6. ASST. DIRECTOR OF AGRICULTURE OFFICE OF THE ASSISTANT DIRECTOR OF AGRICULTURE ALLEPPEY-688011. BY GOVT. PLEADER SRI. K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 26844 OF 2009 -------------------------- Dated this the 10th day of November, 2009 J U D G M E N T The learned counsel appearing for the petitioner submits that pursuant to Ext.P5 order of suspension, final orders have been passed revoking the licence granted to the petitioner under the Fertilizers Control Order, 1985. The learned counsel submits that in the light of the said development, this writ petition may be dismissed as withdrawn, reserving liberty with the petitioner to challenge the final order revoking the licence in other appropriate proceedings. In the light of the said submission, this writ petition is dismissed as withdrawn, reserving liberty with the petitioner to challenge the final order revoking the licence in other appropriate proceedings. P.N.RAVINDRAN, JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 26844 OF 2009 -------------------------- Dated this the 1st day of October, 2009 O R D E R Admit. Issue notice to the respondents by speed post returnable in 10 days. 2. The learned Government Pleader appearing for the respondents submits on instructions received over telephone that final orders have not been passed pursuant to Ext.P5 order of suspension within the period of 15 days or till yesterday. In the light of the said submission, this Court will necessarily have to proceed on the basis that order of suspension stands revoked, applying the first proviso to Clause 2 of Order 31 of the Fertilizers Control Order, 1985. In such circumstances, the respondents cannot take any punitive action against the petitioner for transporting fertilizer. The respondents are accordingly directed not to take any coercive steps against the petitioner for transporting fertilizer on the strength of Ext.P2 licence. It is clarified that nothing contained in this order will stand in in the way of the respondents from finalising the proceedings initiated by them against the petitioner under the Fertilizers Control Order, 1985. Handover a copy of this order to both sides on usual terms. P.N.RAVINDRAN, JUDGE vps