This order concerned a writ petition challenging non-disbursement of subsidies. The court noted a prior Division Bench order was accepted and agreed upon by the respondents, finding no embargo for releasing funds.
The Writ Petition is disposed of. No costs. Connected Miscellaneous Petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.01.2017
CORAM
THE HONOURABLE MR. JUSTICE B.RAJENDRAN
W.P.No.31289 of 2016 and WMP.No.27155 of 2016
Ponni Sugars (Erode) Limited, a company registered under the Companies Act, 1956 and having Registered Office at Esvin House, No.13, Old Mahabalipuram Road, Seevaram Village, Perungudi, Chennai-96. ... Petitioner Vs. 1. Union of India rep. by the Secretary, Ministry of Consumer Affairs, Food & Public Distribution, Krishi Bhavan, New Delhi-110 001. 2. The Chief Director (Sugar), Government of India, Ministry of Consumer Affairs, Food & Public Distribution, Krishi Bhavan, New Delhi-110 001. 3. The Director (SDF), Government of India, Ministry of Consumer Affairs, Food & Public Distribution, Krishi Bhavan, New Delhi-110 001. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India to India for the issuance of a Writ of direction, directing the respondents that in terms of the Office Memorandum dated 03.11.2015 and the SDF Section's notice dated 20.10.2015, disburse the subsidies towards buffer stock, internal transport and ocean freight for the period 2003-04 to 2008-09 as per pending claims with interest thereon at 12% p.a. due from the
date on which payments are due till the date of payment.
For Petitioner : Mr.A.L.Somayaji Senior Counsel for Mr.V.Perumal For Respondents : Mr.G.Rajagopalan, Additional Solicitor General assisted by Mr.B.Ramarathinam, Standing Counsel for respondents
O R D E R
The Writ Petition is filed praying to issue a Writ of direction, directing the respondents that in terms of the Office Memorandum dated 03.11.2015 and the SDF Section's notice dated 20.10.2015, disburse the subsidies towards buffer stock, internal transport and ocean freight for the period 2003-04 to 2008-09 as per pending claims with interest thereon at 12% p.a. due from the date on which payments are due till the date of payment.
''The undersigned is directed to convey that the judgment of Madras High Court dated 29.04.2015 passed in above subject case has been accepted by the Department vide SDF Section's note No.5-14/95-SDF (Pl file) dated 20.10.2015. A copy of above referred note
dated 20.10.2015 received from SDF Section is enclosed herewith.
Ministry of Consumer Affairs, Food & Public Distribution, Krishi Bhavan, New Delhi-110 001.
+1cc to Mr.V. Perumal, Advocate, S.R.No.3166 +1cc to Mr.B. Ramanatham, Advocate, S.R.No.3361
GJII(CO) md(20/01/2017) W.P.No.31289 of 2016
2 issues framed by the court
Whether the petitioner is entitled to a writ of direction to disburse subsidies.
Whether the previously implemented court order disentitles the petitioner from a writ petition.
1 provisions across 1 enactments
Ponni Sugars (Erode) Limited
Union of India rep. by the Secretary
Chief Director (Sugar)
Director (SDF)
B. RAJENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
