Court dismissed writ appeals filed by sugar mill officers as infructuous because similar batch of appeals challenging the underlying order allowing the auction sale were already allowed, rendering the impugned order no longer effective.
Appeals dismissed as infructuous without costs.
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.
W.A. No.132 to 136 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 04.09.2023
CORAM:
THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR. JUSTICE P.B.BALAJI
W.A. No.132 to 136 of 2013 and MP.Nos. of 1, 2,2,2,2,2 3,3,3,3 of 2013
Vs.
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W.A. No.132 to 136 of 2013
1.S.Ravi
3.M/s.Integrated Service Point G.1, Kamala Lakshman Apartment No.32, VOC Colony Near Midhra Hospital Anna Nagar East, Chennai 600 102.
4.Imcola Exports Neelandri, 3rd Floor No.9, Cenotaph Road Alwarpet, Chennai 600 018. ... Respondents in W.A.No.133 of 2013
1.K.Poomalai
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W.A. No.132 to 136 of 2013
4.Imcola Exports Neelandri, 3rd Floor No.9, Cenotaph Road Alwarpet, Chennai 600 018. ... Respondents in W.A.No.134 of 2013
3rd Floor, St.Thomas Building 150, Luz Church Road, Mylapore Chennai 600 004. ... Respondents in W.A.No.135 of 2013
1.P.Murugesan
4.Imcola Exports Neelandri, 3rd Floor No.9, Cenotaph Road Alwarpet, Chennai 600 018. ... Respondents in W.A.No.136 of 2013
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W.A. No.132 to 136 of 2013
Writ Appeals filed under Clause 15 of the Letters Patent against the order dated 19.10.2012 in W.P.Nos.23393, 25212, 25116, 24821 and 25250 of 2012 passed by the learned Single Judge of this Court.
For appellants in all W.As. : Mr.R.Bala Ramesh For respondents in all W.As. : Batta due
COMMON JUDGMENT
(The Judgment of the Court was delivered by D.KRISHNAKUMAR, J)
Aggrieved by the order passed by the learned Single Judge in W.P.Nos.23393, 25212, 25116, 24821 and 25250 of 2012, dated 19.10.2022, these appeals have been filed by the Director of sugar.
are as follows:
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W.A. No.132 to 136 of 2013
The Special Officer of the Federation issued open auction-cum-tender notice dated 06.06.2012 for sale of 1 lakh MTs of molasses for the purpose of export to other counters. In the said proceedings, 1 lakh MTs of molasses were sold at a uniform price of Rs.1,410/- per MT to three companies viz., Suraj Agimpex House, Integrated Service Point Private Ltd.,and Imcola Exports Ltd. However, in the neighbouring States, viz., Karnataka, Andhra Pradesh, Kerala and Maharashtra, the molasses are sold at the price of Rs.3,800/-, 4,300/- and Rs.4,400/- per MT. Thus, the sale of 1 lakh MTs to the three Companies at the rate of Rs.1,410/- per MT resulted in huge loss. Hence, the above Writ Petitions were filed to quash the open auction-cum-tender notice dated 06.06.2012 and for a direction to the official respondents to fix the sale price for molasses on par with the sale price fixed by the neighbouring States. The learned Single Judge disposed of the said Writ Petitions, directing the respondents 1 and 2 to conduct fresh auction for the remaining molasses by giving
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W.A. No.132 to 136 of 2013
vide publicity and imposed cost on the above companies.
Aggrieved over the same, the present appeals have been filed.
[D.K.K., J] [P.B.B., J.] 04.09.2023 Speaking order: Yes/No Index : Yes/No pvs
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W.A. No.132 to 136 of 2013
To
The Puducherry Co-operative Sugar Mills Ltd. Lingareddy Palayam, Katterikuppam Post Puducherry 605 502.
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W.A. No.132 to 136 of 2013
D.KRISHNAKUMAR, J. and P.B.BALAJI, J.
pvs
W.A. No.132 to 136 of 2013
04.09.2023
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The Director of Sugar
The Additional Registrar/Special Officer Tamil Nadu Co-operative Sugar Fedn Ltd
The Special Officer Kallakurichi II Co-operative Sugar Mills Ltd
M/s.Suraj Agimpex House
The Puducherry Co-operative Sugar Mills Ltd
Imcola Exports Neelandri
D.KRISHNAKUMAR
P.B.BALAJI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
