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Judgment
A.J.Desai, CJ
By way of the present appeal filed under Section 5 of the Kerala High Court Act, 1958, the original 3rd respondent has challenged the judgment dated 14.12.2023 in W. P. (C) No. 16324 of 2021 by which the learned Single Judge has closed the writ petition recording the submission of the learned Standing Counsel for the Spices Board that if the Board is reducing the Bank Guarantee for auctioneers below Rs. 7 Crores, then they will do so only after hearing the present 1st respondent and strictly in terms of the applicable Licencing Rules.
Learned counsel appearing for the 1st respondent admits that there is no requirement under the Cardamom (Licensing and Marketing) Rules, 1987, to give an opportunity of hearing before deciding the quantum of Bank Guarantee.
Learned counsel for the Spices Board submitted that subsequent to the impugned judgment, the Board has fixed the Bank Guarantee amount in accordance with Rule 10 of the Rules.
Considering the above aspect, it is clarified that there is no need of hearing the farmers before following the procedure under Rule 10 of the Cardamom (Licensing and Marketing) Rules, 1987. The impugned judgment of the learned Single Judge is modified as above.
The writ appeal is accordingly allowed.
Pending Interlocutory Applications, if any, shall stand closed.