Green Buds Processing Private Limited, Rep. by its Director, Nilgiris v. Tea Board of India, Rep. by the Regional Executive Director, Conoor
2022-08-23
ABDUL QUDDHOSE
body2022
DigiLaw.ai
JUDGMENT (Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of Certiorarified Mandamus after calling for the records of the respondent pertaining to its proceedings in Ref No.6(322)/TMCO/CNR/2010/967 and quash the order dated 06.09.2021 and consequently direct the respondent to issue license for manufacturing to the petitioner factory by considering their application dated 18.06.2021.) 1. This writ petition has been filed challenging the impugned order dated 06.09.2021 rejecting the petitioner's application seeking for transfer of licence in the petitioner's name. 2. Heard Mr.R.Sivakumar, learned counsel for the petitioner and Mr.D.Muthukumar, learned counsel appearing for the respondent. 3. During the pendency of this writ petition, a representation was given by the petitioner on 16.06.2022 seeking for transfer of licence in their name. Considering the said representation favourably, the respondent has granted the licence in favour of the petitioner on 15.08.2022 which is valid for a period of one year. Since the license has been issued in favour of the petitioner, nothing survives for further adjudication in this writ petition. 4. In view of the licence issued in favour of the petitioner, during the pendency of this writ petition, the impugned order dated 06.09.2021 has to be necessarily quashed. Accordingly, the same is quashed. 5. Learned counsel for the petitioner would submit that the petitioner has spent substantial sums of money while seeking for transfer of licence in its name earlier and therefore, the said sum will have to be refunded by the first respondent. 6. However, the learned counsel appearing for the respondent would deny the claim made by the petitioner seeking for refund of fees paid by them earlier while seeking for transfer of licence in its name. 7. This Court is not expressing any opinion on the merits of the claim for refund made by the petitioner. However, liberty is granted to the petitioner to workout its remedy seeking for refund of sum in the manner known to the petitioner under law. 8. After recording the fact that the petitioner has now been issued licence by the first respondent, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.