IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 WP(C).No. 4707 of 2011(K) ------------------------- PETITIONER: --------------- M/S. ST. GEORGE INDUSTRIES IMPORTERS AND EXPORTERS OF SPICES AND COCO BEANS, VENGOOR.P.O, PERUMBAVOOR, ERNAKULAM DISTRICT, REPRESENTED BY ITS PROPRIETOR. BY ADV. MR. M.S.SAJEEV KUMAR RESPONDENTS: --------------- 1. MINISTRY OF AGRICULTURE, DEPARTMENT OF AGRICULTURE AND CO-OPERATION, KRISHI BHAVAN, NEW DELHI - 110 001, REPRESENTED BY SECRETARY TO GOVERNMENT. 2. THE JOINT SECRETARY (PLANT PROTECTION) DEPARTMENT OF AGRICULTURE AND CO-OPERATION, MINISTRY OF AGRICULTURE, NEW DELHI - 110 001. BY MR. T. P. M. IBRAHIM KHAN, ASST. SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 4707 OF 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 16th day of February, 2011 JUDGMENT The prayer in the Writ Petition is to direct the second respondent to consider Ext. P4 application and to pass appropriate orders within a time frame. 2. The petitioner is stated as trader of Gaharu Buaya Woods (Aetoxylon sympettalum), which is being used for manufacturing the 'Agarbathies and perfumes'. The import of agricultural articles to India is stated as regulated by the Plant Quarantine (Regulation of Import into India) Order, 2003. 3. The learned counsel for the petitioner submits that as per Cl. 3 (2) of the Order cited supra, the free import is provided only to those plant species and those items specifically mentioned in schedule No. iv of the Order, however, adding that, there is no prohibition for import of the above wood, as well. The learned counsel further submits that, in spite of absence of any prohibition, since the said item is not included in Schedule No. IV, permission has to be obtained from the concerned respondent and it was in the said circumstance, that, Ext. P4 application was preferred before the second respondent. W.P. (C) No. 4707 of 2011 : 2 : 4. Heard the learned Asst. Solicitor General appearing for the respondent as well. Considering the facts and circumstances, the second respondent is directed to consider Ext. P4 application preferred by the petitioner and pass appropriate orders thereon in accordance with law, as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of. The petitioner shall produce a copy of the judgment along with copy of the writ petition before the second respondent for further steps. P. R. RAMACHANDRA MENON, JUDGE kmd