ORDER : This writ petition has been filed seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 30.03.2021 passed by the first respondent and quash the same as illegal and direct the 3rd respondent to grant the one time relaxation covered under the bill of entry no.7899664 dated 13.06.2020. 2. The petitioner is engaged in import, processing and export of cashew from African Countries. The petitioner had imported 133.158 MTs of raw cashew nuts, vide bill of entry No.7899664 dated 13.06.2020 through Tuticorin customs. The first respondent, namely, the Plant Protection Officer, Plant Quarantine Station, Tuticorin, raised certain objections on the phytosanitary certificate issued on this consignment, which reads as follows: (a) Though the name of the plant product was spelt correctly as cashew dry nuts the botanical name was wrongly written as “zingiber officinale” instead of “anacardium occidentale”. (b) The vessel name was wrongly written as “Merkur Fjord” instead of “AlsApoloVoy”. The petitioner is said to have informed the same to the overseas supplier and accordingly, a revised phytosanitary certificate dated 15.06.2020 was furnished and even in that certificate, vessel name was not corrected. The petitioner once again produced another certificate dated 24.06.2020. However, the first respondent, vide order dated 08.07.2020, rejected the certificate that it appears to be fake and ordered for deportation/destruction, as per the provisions of the Plant Quarantine (Regulation of Import into India) Order, 2003, that the consignment has been imported without phytosanitary certificate. 3. The petitioner has filed an appeal on 13.07.2020 before the appellate authority, namely, the Joint Director (PP), Directorate of Plant Protection, Quarantine & Storage, as against the deportation order dated 08.07.2020. Since the appeal was pending before the appellate authority and considering the nature of goods imported, the petitioner approached this Court by way of filing a writ petition in W.P.(MD)No.10574 of 2020 seeking a writ of mandamus, for early disposal of the appeal. This Court, vide order dated 07.09.2020, directed the appellate authority to pass orders on the appeal filed by the petitioner on 13.07.2020, within a period of two weeks from the date of receipt of a copy of the order. Even then, it appears that the appellate authority has not passed a final order. Therefore, the petitioner appears to have issued a contempt notice. Even then, it appears that the appellate authority has not passed a final order. Therefore, the petitioner appears to have issued a contempt notice. Thereafter, the appellate authority, vide order dated 29.10.2020, dismissed the appeal filed by the petitioner stating that non-fulfilment of the mandatory requirements could have serious ramifications for our flora and fauna as well as environment in general. As against the order dated 29.10.2020, the petitioner filed a writ petition in W.P.(MD) No.16756 of 2020. This Court, vide order dated 26.11.2020, disposed of the writ petition, directing the second respondent to consider the petitioner's application dated 08.09.2020, filed under Article 14 of the Plant Quarantine (Regulations of Import into India) Order, 2003, seeking for one time relaxation for the production of phytosantiary certificate in respect of the imported 133.158 MTs of raw cashew nuts, under bill of entry No.7899664 dated 13.06.2020, filed with Tuticorin Customs and pass final orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of the order. This Court further granted liberty to the petitioner to challenge the very same impugned order, dated 29.10.2020, passed by the first respondent, before this Court under Article 226 of the Constitution of India, if the application dated 08.09.2020, submitted by the petitioner seeking for one time relaxation is rejected by the second respondent. Consequently, the first respondent, by impugned order dated 30.03.2021, rejected the petitioner's claim for relaxation stating that as per Article 14 of the Plant Quarantine (Regulations of Import into India) Order, 2003, it could not be granted to the petitioner, when the appellate authority has already decided the issue and it could be a wrong precedent and non-fulfilment of the mandatory requirements could have serious ramifications for our flora and fauna as well as environment in general. Aggrieved over the same, the petitioner has filed the present writ petition. 4. Mr.Hari Radhakrishnan, learned counsel appearing for the petitioner submits that the goods imported are raw cashew nuts and the same is imported from Nigeria for processing and for re-export. Aggrieved over the same, the petitioner has filed the present writ petition. 4. Mr.Hari Radhakrishnan, learned counsel appearing for the petitioner submits that the goods imported are raw cashew nuts and the same is imported from Nigeria for processing and for re-export. The goods are highly perishable in nature and the goods are unnecessarily detained and ordered for deportation, when there is a specific provision available under Article 14(1) of the Plant Quarantine (Regulations of Import into India) Order, 2003, for one time relaxation of conditions of import permit and phytosantiary certificate in certain cases. The learned counsel further submits that the said Article 14(1) of the Plant Quarantine (Regulations of Import into India) Order, 2003, not only enables the respondents to relax the requirement of import permit, but, also the requirement of producing the phytosanitary certificate. 5. The learned counsel for the petitioner further submits that the PQ certificate No.IK2020/5936 dated 24.06.2020 has been produced before the authorities. However, the first respondent raised a doubt over the certificate. The doubt, according to him, is not correct and the name of the vessel and the date of voyage correlates and matches to the details available in the bill dated 18.05.2020. The learned counsel further submits that the date of fumigation correlates with the Certificate of Quality and Fumigation, Good packing materials and Weight issued by the Federal Ministry of Industry, Trade and Investment, Nigeria. Therefore, it is apparent that the Phytosanitary Certificate dated 24.06.2020 is genuine and pertains to the subject consignment. Despite the production of correct phytosanitary certificate, the petitioner is seeking one time relaxation to give a quietus to the issue. 6. The learned counsel for the petitioner further submits that the Government of India has relaxed the requirement of production of phytosanitary certificate and fumigation for various reasons in the past. Further, the Government of India, relaxed the condition of fumigation and additional declaration on phytosanitary certificate for import of Onions as per the Plant Quarantine Order, 2003, for imports up to 31st January 2021. The relaxation was made subject to certain conditions. Consignments of imported onions which arrived in Indian Ports without fumigation and such endorsement on the phytosanitary certificate, was permitted to be fumigated in India by the importer through an accredited treatment provider. The relaxation was made subject to certain conditions. Consignments of imported onions which arrived in Indian Ports without fumigation and such endorsement on the phytosanitary certificate, was permitted to be fumigated in India by the importer through an accredited treatment provider. The consignments were inspected thoroughly by quarantine officials and released only after the same was free from pest and diseases of concern to India. 7. The learned counsel for the petitioner offered for an examination of goods through an accredited treatment provider and the petitioner is ready to bear the expenses for the same. 8. Mr.Asok Kumar Ram, learned counsel appearing for the respondents 1 and 3 submits that as per Article 3(1) of the Plant Quarantine (Regulations of Import into India) Order, 2003, no plants, plant products shall be imported into India, without complying the phytosanitary conditions stipulated under the Order 2003. Phytosanitary Cetificate is a mandatory document for all imported consignments. If there is violation of the mandatory requirements, it could have serious ramifications for our flora and fauna as well as environment and therefore, this would also create a wrong precedent. 9. Mr.R.Aravindhan, learned counsel for the second respondent submits that as per the orders of the first respondent, they have not cleared the goods and depending on the orders of the first respondent alone, they would proceed further with regard to the consignment. 10. This Court paid its anxious consideration to the rival submissions and perused the available materials on record. 11. The petitioner is in the business of import of raw cashew nuts and re-export the same. In one of the consignments of bill of entry dated 13.06.2020, the phytosanitary certificate produced by the petitioner was not accepted by the first respondent on certain doubts on the certificate. The petitioner has filed an appeal as against the order of deportation and this Court, taking into consideration of the available provisions under Article 14 of the Plant Quarantine (Regulations of Import into India) Order, 2003, disposed of the writ petition filed by the petitioner to consider his case in the light of Article 14 of the Plant Quarantine (Regulations of Import into India) Order, 2003. 12. Article 14 of the Plant Quarantine (Regulations of Import into India) Order, 2003, reads as follows: “14. 12. Article 14 of the Plant Quarantine (Regulations of Import into India) Order, 2003, reads as follows: “14. Relaxation conditions of Import Permit and Phytosanitary Certificate in certain cases: (1) The Central Government may, in public interest, relax any of the conditions of this Order relating to the import of any consignment. The Joint Secretary In-Charge of Plant Protection in the Department of Agriculture & Cooperation shall be the competent authority for according the relaxation. Further the powers of relaxation has been delegated (vide DAC lt. No.8-5/2004-PPI(pt) dated 2nd February 2005) to officers in charge of the Plant Quarantine Stations for relaxing the conditions of Import permit and phytosanitary certificate required as per Plant Quarantine (Regulation of Import Into India) Order, 2003 as a one-time exception in favour of a single party and not for repeated violations by that party. All second or subsequent cases of violation of requirement of Import Permit and Phytosanitary certificate by any party shall be forwarded to Joint Secretary (Plant Protection), Department of Agriculture & Cooperation. (2) In the event of grant of relaxation by competent authority, the consignment shall be released after charging the fee for import permit and fee for plant quarantine inspection at five times of normal rates.” 13. Article 14 of the Plant Quarantine (Regulations of Import into India) Order, 2003, enables one time relaxation, in certain cases, in the absence of phytosanitary certificate. It is the case of the petitioner that while announcements were reported by the Government without fumigation certificate as that of this case, relaxation were provided under Article 14 of the Plant Quarantine (Regulations of Import into India) Order, 2003. Therefore, the petitioner has also offered for fumigation of the goods through an accredited treatment provider. When Article 14 of the Plant Quarantine (Regulations of Import into India) Order, 2003, provides for relaxation and a similar relaxation has already been granted and defect, as already pointed out by the first respondent, was also rectified through an accredited treatment provider, the first respondent is not justified in rejecting the request of this petitioner that it would become a bad precedent. The goods imported are perishable in nature. Moreover, the petitioner is processing the goods and re-export the same. Though the consignment has reached, the same has not been cleared so far. Even if it is deported, it will not be useful to any one. The goods imported are perishable in nature. Moreover, the petitioner is processing the goods and re-export the same. Though the consignment has reached, the same has not been cleared so far. Even if it is deported, it will not be useful to any one. Instead, the first respondent ought to have permitted the petitioner for fumigation through an accredited treatment provider in India by providing one time relaxation to the petitioner under Article 14 of the Plant Quarantine (Regulations of Import into India) Order, 2003. 14. Accordingly, this writ petition is allowed, by setting aside the impugned order dated 30.03.2021 passed by the first respondent. The matter is remitted back to the first respondent to fumigate the goods through an accredited treatment provider, by providing one time relaxation to the petitioner under Article 14 of the Plant Quarantine (Regulations of Import into India) Order, 2003, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.