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2003 Supreme(Mad) 220

E.PADMANABHAN
Tamil Nadu Essential Plant Nutrients Manufacturers – Appellant
Versus
Union of India & Another – Respondent


Advocates Appeared:For the Petitioner:Mr. V.Ayyadurai, Advocate. For the Respondents: R1 Mr. N.R.Natarajan, ACGSC, R2 Ms.V.Velumani, AGP.

Judgment :-

1. The writ petitioner, Tamil Nadu Essential Essential Plant Nutrients Manufacturers and Marketeers Association, has prayed for the issue of a writ of declaration declaring that clause 21-A of The Fertiliser (Control) Order, 1995 is unconstitutional, ultra vires and null and void as far as the members of the petitioner association is concerned.

2. The petitioner claiming to be a registered society formed for the purpose of promoting the welfare of its members, who are all manufacturers of fertiliser mixtures and micro nutrient fertilisers, has moved the present writ petition. After referring to the various details of legislations introduced, with respect to the licensing system as well as The Fertiliser (Control) Order, etc., the petitioner has referred to the provisions of The Essential Commodities Act and the Fertiliser (Control) Order.

3. The petitioner association and other associations requested to dispense with the requirement of clause 21A of the order, as it is not at all necessary having regard to the nature of business and in view of the expenditure involved in the establishment of a laboratory. The 2nd respondent extended time to possess the minimum laboratory






































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