Petitioners, being farmers, challenged the unilateral reduction of paddy support price and State Bonus via a Writ Petition. The Court held the matter closed based on subsequent Government Order fixing the price, allowing the petitioners' requests.
None granted; Writ Petition closed based on subsequent Government Order.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
WP(C) NO. 26315 OF 2021
PETITIONER/S:
1MOHAMMED EQBAL K.S.
AGED 55 YEARS
S/O LATE SAINALABDEEN SAHIB,
ATHIKKURISSIKULAMBU KALAM,
VADAVANNUR POST, CHITTUR TALUK,
PALAKKAD DISTRICT-678504.
2VENU.K,
S/O LATE KRISHNAN, PUTHENKALAM,VADAVANNUR POST, CHITTUR
TALUK,
PALAKKAD DISTRICT-678504.
3MOHANDAS.K.N,
S/O NARAYANAN, KOTTAMKODE, VADAVANNUR POST, CHITTUR
TALUK,
PALAKKAD DISTRICT-678504.
4ABU THAHIR.A,
S/O.ABDUL JABBAR, SKODA MILLS, CHANNIAMPALLAM, OOTTARA,
VADAVANNUR POST, CHITTUR TALUK, PALAKKAD DISTRICT-
678504.
BY ADVS.
SAJAN VARGHEESE K.
LIJU. M.P
JOPHY POTHEN KANDANKARY
RESPONDENT/S:
1UNION OF INDIA
MINISTRY OF AGRICULTURE AND FARMERS WELFARE, KRISHI
BHAVAN,
DR RAJENDRA PRASAD ROAD,
NEW DELHI-110001, REPRESENTED BY THE SECRETARY.
2 STATE OF KERALA, DEPARTMENT OF AGRICULTURE, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.3 KERALA STATE CIVIL SUPPLIES CORPORATION, MAVELI BHAVAN, GANDHI NAGAR ROAD, GANDHI NAGAR, KADAVANTHRA, COCHIN-682020. REPRESENTED BY THE MANAGING DIRECTOR. BY ADVS.MALINI K. MENON, CGC
SMT.MOLLY JACOB,SC,SUPPLYCO
WP(C) NO. 26315 OF 2021
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 26315 OF 2021
3
JUDGMENT
Dated this the 10th day of August, 2022
The petitioners are agriculturists depending on the income derived from paddy cultivation for their sustenance. The writ petition is filed alleging that, in spite of declaring the support price for paddy for the year 2021 at Rs.9.32 paisa per kilogram in the annual budget, the support price was reduced to Rs.8.60 paisa unilaterally. The petitioners therefore pray for the issuance of a writ of mandamus directing the 2nd respondent not to reduce the State Bonus and to retain the support price of paddy at Rs.9.32 paisa per kilogram of paddy.
2.Heard the learned counsel for the petitioner, the SUPPLYCO and Government pleader.
3.Learned counsel for the petitioner contended that having declared the support price for paddy in the budget speech, the Government cannot reduce the price thereafter. Learned Government Pleader submitted that the writ petition is filed based on a newspaper report and the support prices are fixed in accordance with the policy of Government arrived at taking into account all relevant factors.
4.The learned Standing Counsel for SUPPLYCO submitted that Corporation cannot take any independent decision and will strictly abide by the decisions taken by the Government.
5.Learned Government Pleader has filed a statement appending GO MS.No.9/2022/F&CS dated 19.4.2022 fixing incentive bonus of
4
WP(C) NO. 26315 OF 2021
paddy for the year 2022-2023 at Rs.8.80 and the procurement price at Rs.28.20. Learned counsel for the petitioner submitted that, in view of the new Government Order, the petitioner will be satisfied with a direction not to deviate from the bonus and price fixed under the Government Order. The petitioner need not have any such apprehension. The Government having issued an order after taking into consideration of all relevant aspects, the benefit of that order should be made available to the farmers.
The writ petition is closed accordingly.
Sd/-
V.G ARUN JUDGE
SJ
WP(C) NO. 26315 OF 2021
5
APPENDIX OF WP(C) 26315/2021
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE NEWS COVERAGE SEEN IN
MALAYALA MANORAMA DAILY DATED
29.10.2021.
RESPONDENT EXHIBITS
R2(A)GO(MS) No.29/2021/F&CSD DATED 27.10.2021
Mohammed Eqbal K.S.
Venu.K.
Mohandas.K.N
Abu Thahir.A.
Union of India
State of Kerala
V.G.ARUN
As recorded by the court registry
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