IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 25992 of 2011(Y) -------------------------------------- PETITIONER: ------------------- VINOD MANJILA,S/O.M.O.JOHN,AGED 42, M.O JOHN & SONS,SASTHRI ROAD,NELLIKKUNNU, RESIDING AT MANJILA HOUSE,GANDHI NAGAR 2ND STREET, PERINGAVU,THRISSUR- 680 018. BY ADVS. SRI.SANTHOSH SUBRAMANIAN, SRI. E.A. THANKAPPAN, SRI. SHERRY J. THOMAS, SRI. S. SREEKUMAR. RESPONDENTS: ------------------------ 1. UNION OF INDIA, REPRESENTED BY SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI, PIN - 110 001. 2. PORT HEALTH OFFICER, COCHIN CUSTOM HOUSE, WILLINGTON ISLAND, COCHIN- 682 009. 3. COCHIN CUSTOMS HOUSE, WELLIGTON ISLAND, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, PIN - 682 009. R1 BY SRI.P.PARAMESWARAN NAIR,A.S.G OF INDIA. R3 BY ADV. SRI. SAIBY JOSE KIDANGOOR, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.25992/2011-Y: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE BILL OF LADING DTD. 18/06/2011. EXT.P.2: COPY OF THE PHTOSANITARY CERTIFICATE NO.05259/JAP/11/PC ISSUED BY THE AGRICULTURAL ENGINEER, MINISTRY OF ENVIRONMENT AND WATER, U.A.E. EXT.P.3: COPY OF THE EXAMINATION ORDER ISSUED BY THE R.2. EXT.P.4: COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.4.A: COPY OF THE ACKNOWLEDGMENT CARD RECEIVED BY THE PETITIONER. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 25992 of 2011 Y ``````````````````````````````````````````````````````````` Dated this the 21st day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner has imported rolled oats from UAE as per Ext.P1 Bill of Lading. On arrival of the cargo, it was examined by the second respondent, who, by Ext.P3, certified that the sample contained 2.56% crude fibre as against the permissible limit of 2%. Thereupon, petitioner submitted Ext.P4 representation to the second respondent, requesting for a re-examination of the cargo. There was no response to Ext.P4 and, therefore, he filed this writ petition. 2. Although there is a prayer for release of the cargo in question on the basis that the analysis of the second respondent is vitiated, in the absence of any materials to enter a finding in that behalf, I am not inclined to hold that the analysis is vitiated. Be that as it may, fact remains that the variation pointed out is only 0.56% and Ext.P4 request made by the petitioner is pending. Therefore, I direct the W.P.(C) No.25992/2011 : 2 : second respondent to consider the said request of the petitioner and the needful shall be done on Ext.P4, within ten days of production of a copy of this judgment along with a copy of the writ petition. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/21/11 // True Copy // P.A. To Judge