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Udayarpalayam Vattara Karumbu Urpathiaalargar Vivasaya Sangam v. The Additional Chief Secretary / Commissioner of Sugars

Madras HC22 Dec 2021WP/27583/2021

Case brief

AI extract

What is this about?

This single-judge writ petition sought a direction to statutory authorities to consider representations by cane farmers regarding the misallocation of sugarcane supply to a non-viable sugar mill and direct supply to viable mills. The court directed the respondents to review the representation and pass orders within four weeks.

What did the court decide?

Direction to the 1st Respondent to consider the Petitioner's representation dated 06.12.2021, afford hearing, and pass appropriate orders within four weeks.

Udayarpalayam Vattara Karumbu Urpathiaalargar Vivasaya… — Service and Employment | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 22.12.2021

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CORAM

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THE HONOURABLE MR. JUSTICE M.DHANDAPANI

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W.P.No.27583 of 2021

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Udayarpalayam Vattara Karumbu Urpathiaalargal Vivasaya Sangam, bearing Regn.No.SL.No.SRG/Ariyalur/57/2021, rep. by its President, Puratchithasan (M/41), S/o.Natarajan, No.90, South Street,

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Karkudi, Naduvalur (East), Udayarpalayam, Ariyalur District.

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... Petitioner

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vs.

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The Additional Chief Secretary, Commissioner of Sugars, 690, Anna Salai, Nandanam, Chennai 600 035.

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The District Collector, Ariyalur District, Ariyalur. ... Respondents

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Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the Respondent to consider and pass orders on the Petitioner's representation dated 06.12.2021 seeking re-allocation of viable Sugar Mills towards supply of Sugarcane by the Cane Growers on merits and in accordance with law.

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For Petitioner : Mr.L.Chandrakumar

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Petitioner has come up with this Writ Petition seeking a direction to the Respondent to consider and pass orders on their representation dated 06.12.2021 seeking re-allocation of viable Sugar Mills towards supply of Sugarcane by the Cane Growers.

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https://hcservices.ecourts.gov.in/hcservices/

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According to the Petitioner, it is a registered Association espousing the cause of its members, who are all Sugarcane Farmers and who are solely dependent on the income derived from the supply of sugarcane and the receipt of payments thereto. It is stated by the Petitioner that, certain Sugar Mills viz. Sri Ambiga Sugar Mills, M.R.K. Co-operative Sugar Mills, Arooran Sugars, etc. to whom, sugarcane was supplied, were unable to make payments and almost more than three years lapsed, thereby causing untold mental agony and huge financial crunch to farmers of their Association. Therefore, a representation was made by the affected Sugarcane farmers through their Association, and a direction was issued to supply sugarcane to other viable Sugar Mills, which were fully functional and were also in need of sugarcane for their industry. On that basis, for the past two years, members of the Petitioner Association have been supplying Sugarcane to M/s.Kothari Sugars & Chemicals Ltd., E.I.D. Parry Mill and those Mills were regular in their payments to farmers and the members of the Petitioner Association did not face any difficulty in their supply as well as repayments.

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While so, the 1^st Respondent, by proceedings dated 01.12.2021 issued orders that, allocation of supply of Sugarcane crops from the Villages, such as Kundavalli East, Kundavalli West and Kuvagam Firkas in Udayarpalayam, Andimadam Taluk of Ariyalur District and 18 Villages in Kammapuram Firka of Cuddalore District are to allocate supply of Sugarcane to M.R.K.Cooperative Sugar Mills. The case of the Petitioner is that, the said Mill suffers various mismanagements, maladministration and is also not a viable Sugar Mill for the purpose of supply and payments thereto. Hence, in respect of their grievance, the Petitioner Association made a representation dated 06.12.2021 to the 1^st Respondent herein. As no orders are passed on their representation, the Petitioner is before this Court with the above Writ Petition.

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Learned counsel for the Petitioner submitted that, a direction may be issued to the 1^st Respondent to consider the Petitioner's representation dated 06.12.2021 within a stipulated time.

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Considering the facts and circumstances of the case and without going into its merits, this Court directs the 1^st Respondent herein to consider the Petitioner's representation dated 06.12.2021 seeking re-allocation of viable Sugar Mills towards supply of Sugarcane by the Cane Growers, in accordance with law, and pass appropriate orders after affording an

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https://hcservices.ecourts.gov.in/hcservices/

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opportunity of hearing to the parties concerned, within a period of four weeks from the date of receipt of a copy of this order.

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The Writ Petition is disposed of accordingly. No costs.

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Sd/-

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Assistant Registrar(CS-III)

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// True Copy //

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Sub Assistant Registrar

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(aeb)

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To: 1. The Additional Chief Secretary, Commissioner of Sugars, 690, Anna Salai, Nandanam, Chennai 600 035. 2. The District Collector, Ariyalur District, Ariyalur. +1cc to Mr.L.Chandrakumar, Advocate SR.No.69435 +1cc to the Government Pleader, SR.No.69564 W.P.No.27583 of 2021 SVI(CO) CB(10/01/2022)

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https://hcservices.ecourts.gov.in/hcservices/

Udayarpalayam Vattara Karumbu Urpathiaalargar Vivasaya Sangam v. The Additional Chief Secretary / Commissioner of Sugars

Case brief

What is this about?

What did the court decide?

Udayarpalayam Vattara Karumbu Urpathiaalargar Vivasaya Sangam v. The Additional Chief Secretary / Commissioner of Sugars

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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