Allowed

Perumal .P v. the Registrar Cum Commissioner of Milk

Madras HC27 Jun 2022WP(MD)/112/2022

Case brief

AI extract

What is this about?

Writ petitions filed by various Milk Producers Cooperative Societies challenging Aavin's refusal to permit running an installed bulk milk cooler due to lacto content payment concerns. The Single Judge allowed the running of the cooler but mandated individual lacto testing for payment calculation and preserved the right for producers to complain about sampling.

What did the court decide?

Aavin permitted to run the 5000 litres bulk milk cooler; petitioner directed to test lacto content of each sample individually; producers may complain to District Union/Aavin regarding sampling proced

Perumal .P Vs the Registrar Cum Commissioner of Milk — Cooperative Societies | Madras HC (2022)

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1 W.P.(MD)No.112 OF 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2022

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.112,113,114,115,116 & 12890 of 2022 and W.M.P.(MD)Nos.86 to 90 of 2022 W.P.(MD)Nos.112 to 116 of 2022 P. Perumal, Rep. by its President, MS.1632, Pannaipatty Milk Producers Cooperative Society, Pannaipatty, Pothampatty Village, Usilampatti Taluk, Madurai District. ...Petitioner in W.P.(MD)No.112 of 2022 Kasimayan, Rep. By its President, MS.629, Karampatty Milk Producers Cooperative Society, Usilampatti, Madurai District. ...Petitioner in W.P.(MD)No.113 of 2022

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N. Malarkannan, Rep. By its President, MS.2326, Erumapatty Milk Producers Cooperative Society, Usilampatti, Madurai District. ...Petitioner in W.P.(MD)No.114 of 2022 C. Jansirani, Rep. By its President, MS.2146, Villani Women Milk Producers Cooperative Society, Usilampatti, Madurai District. ...Petitioner in W.P.(MD)No.115 of 2022 A. Perumal, Rep. By its President, MS.2341, M.Paraipatty West Milk Producers Cooperative Society, Usilampatti, Madurai District. ...Petitioner in W.P.(MD)No.116 of 2022 Vs.

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

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2 W.P.(MD)No.112 OF 2022

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The Registrar Cum Commissioner of Milk Milk Production and Diary Development Department, Aavin Illam, Nandhanam, Chennai 600 035.

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The Deputy Registrar, Milk Production and Diary Development Department, Madurai Aavin Complex, Madurai – 625 020.

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The General Manager, Representing, A1301, Madurai District Milk Producers Cooperative Union, Madurai – 625 020.

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The President, Representing MS.2398, Paraipatty West Women Milk Producers Cooperative Society, Usilampatty,

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Madurai District. ... Respondents in all W.Ps.

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Common Prayer: Writ petitions filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 1 and 2 to restrain the third respondent from compelling supply of the petitioner's society's procured milk to bulk milk cooler unit set up at the fourth respondent society and also to continue with the present scheme of collection of milk through route vehicle and taking directly to Madurai chilling station at the third respondent Union premises by considering the petitioners' representation dated 11.10.2021.

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For Petitioners : Mr.A.Mithun Chakravarthi For R-1 & R-3 : Mr.P.Thilak Kumar, Government Pleader. For R-2 & R-4 : Mr.K.Prabhu, Standing Counsel.

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W.P.(MD)No.12890 of 2022

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MS.2398, M.Parapatti All Women Milk Producers Cooperative Society, Represented by its President K. Priya, Manunoothu Post, Usilampatti, Madurai District.

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... Petitioner

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Vs.

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3 W.P.(MD)No.112 OF 2022

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The Registrar Cum Commissioner of Milk

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Milk Production and Diary Development Department, Aavin Illam, Nandhanam, Chennai 600 035.

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The Managing Director,

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Milk Production and Diary Development Department, Aavin Illam, Nandhanam, Chennai 600 035.

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The Deputy Registrar,

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Milk Production and Diary Development Department, Madurai Aavin Complex,

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Madurai – 625 020.

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The General Manager, Representing

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A3101, Madurai District Milk Producers Cooperative

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Union, Sivagangai Road,

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Madurai – 625 020. ... Respondents

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Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to commence the running of 5000 litres bulk milk cooler having been installed in the premises of the petitioner herein forthwith.

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For Petitioner : Mr.K.R.Laxman For R-1 & R-2 : Mr.P.Thilak Kumar, Government Pleader. For R-3 & R-4 : Mr.K.Prabhu, Standing Counsel.

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C O M M O N O R D E R

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Since all these writ petitions are interlinked, they are taken up together and disposed of by a common order.

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2. Heard the learned counsel appearing for the writ petitioners and the learned Standing counsel appearing for Aavin and the learned Government Pleader appearing for the Commissioner of Milk.

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3. The Central Government had taken a policy decision that each Milk Producers Co-operative Society must install bulk milk coolers. The milk sourced by the various societies from their respective primary milk producers must be stored in the bulk milk coolers from which the District Union will in turn take supply. Aavin had permitted the petitioner in W.P.(MD)No.12890 of 2022 to https://hcservices.ecourts.gov.in/hcservices/

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4 W.P.(MD)No.112 OF 2022

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set up a bulk milk cooler having capacity of storing 5000 liters. According to the said petitioner, they had invested a huge sum of money and also installed the unit. However, on account of the objections from the petitioners in the other writ petitions, Aavin had not given its clearance for commencing and running of the unit. That led to the filing of W.P.(MD)No.12890 of 2022. The objection raised by the petitioners in the other writ petitions is that the payment should be made based on the lacto quality of the milk supplied. Their grievance is that instead of testing the lacto content for each sample, the overall lacto content of the entire 5000 liters in the bulk milk cooler will be taken and as a result the individual producers will be put to loss.

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4. This apprehension expressed by the learned counsel appearing for the petitioners in the other writ petitions is sought to be allayed by the learned Standing counsel as well as the learned counsel appearing for the petitioner in W.P.(MD)No.12890 of 2022. According to them, the lacto content of each sample will be individually tested and payment will be made based on the rate already fixed by Aavin.

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5. Since such a stand has been taken by the learned Standing counsel and since the installation of the bulk milk coolers is pursuant to the policy decision taken by the Government and it has been endorsed by Aavin also, these writ petitions can be disposed of in the following terms:-

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a) Aavin is directed to permit the petitioner in W.P. (MD)No.12890 of 2022 to run 5000 liters bulk milk cooler that has already been installed in his premises.

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b) The petitioner in W.P.(MD)No.12890 of 2022 is directed to test the lacto content of each sample individually and determine the sum payable based on the rate fixed by Aavin.

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6. If the primary producers have any issue regarding the sampling procedure, it is always open to them to formally complain to the District Union / Aavin which shall look into the said complaint and redress the same.

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7. These writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/-

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Assistant Registrar(CS-III)

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// True Copy //

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/07/2022 Sub Assistant Registrar(CS)

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PMU

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

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5 W.P.(MD)No.112 OF 2022

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To:

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The Registrar Cum Commissioner of Milk

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Milk Production and Diary Development Department, Aavin Illam, Nandhanam, Chennai 600 035.

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The Deputy Registrar,

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Milk Production and Diary Development Department, Madurai Aavin Complex, Madurai – 625 020.

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The General Manager, Representing,

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A1301, Madurai District Milk Producers Cooperative Union, Madurai – 625 020.

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The President, Representing MS.2398, Paraipatty West Women Milk Producers Cooperative Society, Usilampatty, Madurai District.

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+1 CC to M/s.K. PRABHU, Advocate ( SR-28367[F] dated 28/06/2022 )

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+1 CC to M/s.SPL.GP ( SR-28463[F],28524,28492,28462,28464,28465 dated 28/06/2022 )

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+3CC to Mr.K.R.Laxman, Advocate, SR.No. 28828 dated 29/06/2022

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W.P.(MD)Nos.112,113,114,115, 116 & 12890 of 2022

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27.06.2022

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SRK(CO)

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KB(04.07.2022) 5P 10C

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

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Perumal .P v. the Registrar Cum Commissioner of Milk

Case brief

What is this about?

What did the court decide?

Perumal .P v. the Registrar Cum Commissioner of Milk

Case brief

What is this about?

What did the court decide?

What the court decided

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