IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 WP(C).No. 13331 of 2011(N) -------------------------- PETITIONER: --------------- M/S. HEADER SYTEMS (INDIA) LTD., CARDAMOM AUCTIONEER, EAST JUNCTION, NEDUMKANDAM, IDUKKI DISTRICT, REP. BY ITS EXECUTIVE DIRECTOR, ROJAN XAVIER, S/O. XAVIER, AGED 40 YEARS, THACHEDATH HOUSE, KOCHARA.P.O, CHETTUKUZHY, IDUKKI DISTRICT. BY ADV. SRI.A.C.DEVASIA RESPONDENTS: --------------- 1. SPICES BOARD, SUGANDA BHAVAN, N.H. BYEPASS, P.B. NO. 2277, PALARIVATTOM.P.O, KOCHI- 682 025, REPRESENTED BY ITS CHAIRMAN. 2. MINISTRY OF COMMERCE AND INDUSTRY, UNION OF INDIA, NEW DELHI, PIN - 110 001, REPRESENTED BY THE PRINCIPAL SECRETARY. SC- FOR SPICES BOARD-SRI.MATHEWS.K.UTHUPPACHAN ASG-P.PARAMESWARAN NAIR. ADV. SRI.V.ABRAHAM MARKOS FOR R1 SRI.MATHEWS K.UTHUPPACHAN FOR R1 SRI.BINU MATHEW FOR R1 SRI.TERRY V.JAMES FOR R1 SRI.B.J.JOHN PRAKASH FOR R1 SRI.TOM THOMAS (KAKKUZHIYIL) FOR R1 SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.13331 OF 2011 -------------------------------------------------- Dated this the 25th day of May 2011 JUDGMENT The prayers raised in the Writ Petition are as follows: i) Issue a writ of certiorari and quash Ext.P9 circular dated 23-11-2099 issued by the 1st respondent to the extent it grants only half a day for the petitioner (forenoon) to conduct auctions in all Thursday in Bodinayakannur. ii) To issue a writ of mandamus or any other appropriate writ, order or directions commanding the 1st respondent to strictly adhere to the decision taken in Ext.P8 which is taken as per Ext.P7 minutes. iii) To issue a writ of mandamus or any other appropriate writ, order or directions commanding the 1st respondent to consider and pass appropriate orders on Ext.P12 representation forwarded by the petitioner. iv) To issue any other appropriate writ, order or direction as this Hon'ble Court may deem fit and proper as per the facts and circumstances of the case. 2. Heard the learned standing counsel for the 1st respondent, as well as the learned Assistant Solicitor General of India on behalf of the 2nd respondent. 3. Going by the nature of the grievance set forth in the Writ Petition, this Court finds that the matter has to be dealt with at the first instance, by the 1st respondent, by considering Ext.P12 representation and passing appropriate orders in accordance with W.P.(C) No.13331/2011 2 law. 4. In the above circumstances, the 1st respondent is directed to consider Ext.P12 and pass appropriate orders in accordance with law, of course after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate within 'six weeks' from the date of receipt of a copy of this judgment. 5. The petitioner shall produce a copy of this judgment along with a copy of the Writ Petition before the 1st respondent for taking further steps. Writ Petition is disposed of. vdv P.R.RAMACHANDRA MENON, JUDGE