DP letter filed for cane price disbursement. Unable to provide member list required by earlier interim order affecting court's ability to adjudicate; petition disposed of and individuals left to approach court separately.
Writ Petition disposed of. Leave granted to individual growers to pursue appropriate remedy.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 04.06.2018
CORAM
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.44465 of 2002
Madurai Sarjarau Alai Karumbu Urpathiyalargal Sangam represented by its Secretary Reg No.153/85 Pondiyarajapuram-625 209 Madurai District. ... Petitioner
Vs.
1. The Secretary to Government,
Industrial Department,
Fort St. George,
Chennai-600 009
2. The President and Commissioner,
Tamil Nadu Sugar Corporation,
690, Periyar Buildings, Nandanam,
Chennai – 600 035
3. The Special Officer,
Madurai Sugar Mills,
Pondiyarajapuram-625 209
Madurai District ... Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents to disburse the cane price to the cane growers at the rate of CGSMP of Rs. 686.20 np with State Government Advisory price Rs. 185/- per ton and the interest at the rate of 15% per annum and delivery of the cane till the date of disbursement of the cane price.
For Petitioner : Mr.R. Kannan For R.1 : Mr.S. Suresh Kumar For R.2 & R.3 : Mr.P. Gunaraj
ORDER
The Writ Petition has been filed for a direction to the respondents to disburse the cane price to the cane growers at the rate of CGSMP of Rs. 686.20 np with State Government Advisory price Rs. 185/- per ton and the interest at the rate of 15% per annum and delivery of the cane till the date of disbursement of the cane price.
“ After some arguments, the learned counsel appearing for the Petitioner submits that he would file a list of members/agriculturists (ryots) who produced and supplied the sugarcane for the crush period during 2001-2002 and claim that still they have not received the State Advisory Price for the sugarcane they supplied and also the amount due for each and every such person.
“ The Petitioner states that the Petitioner Association is unable to get the members list during the period of 2001 to 2002 who supplied sugar cane to the 3rd Respondent Mill pursuant to the order dated 20.12.2017 passed by this Hon'ble Court. It is therefore prayed that this
Hon'ble Court may be pleased to pass a final order in the above Writ Petition that the claim of interest on belated payment of cane price by members of Association before the 2nd and 3rd Respondents may be considered as and when such claim is made individually as per the order dated 20.12.2017 and pass such further order or other orders as this Hon'ble Court may deem fit and proper in the circumstance of the case and thus render justice.”
+1cc to Mr.P.Gururaj, Advocate Sr.34686
W.P.No.44465 of 2002
srg 29/06/2018
2 issues framed by the court
Whether the Writ Petition can be adjudicated in the absence of a list of individual cane growers who supplied cane during the period 2001-2002.
Whether individual cane growers are left to pursue appropriate remedies for their grievances regarding belated payment of cane price.
1 provisions across 1 enactments
Madurai Sarjarau Alai Karumbu Urpathiyalargal Sangam
The Secretary to Government, Industrial Department
The President and Commissioner, Tamil Nadu Sugar Corporation
The Special Officer, Madurai Sugar Mills
P.D. Audikeshalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
