Disposed

M/S Rajshree Sugars & v. Karumbu Vivasaiga Sangam

Madras HC4 Sept 2023WA/773/2013

Case brief

AI extract

What is this about?

A writ appeal filed by a sugar company challenging a Single Judge order that had temporarily allotted sugar cane firkas to it. The High Court directed the Cane Commissioner to consider permanent allotment of these firkas to the appellant within 12 weeks. The appeal was then disposed of.

What did the court decide?

The Cane Commissioner was directed to consider permanent allotment of specific firkas to the appellant within 12 weeks.

M/S Rajshree Sugars & Vs Karumbu Vivasaiga Sangam — Company and Corporate | Madras HC (2023)

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W.A. No.773 of 2013

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated 04.09.2023

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CORAM:

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THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR. JUSTICE P.B.BALAJI

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W.A. No.773 of 2013 and MP.No.1 of 2013

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M/s.Rajshree Sugars & Chemicals Ltd., Rep. by its Managing Director, Semmedu Village, Gingee Taluk, Villupuram District. .. Appellant

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Vs.

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Karumbu Vivasaigal Sangam, Arunachalam Sarkarai Alai, Thiruvannamalai, Reg.No.267/2012, Rep. by President, Mr.M.R.Kuberan, Malappambadi Village, Thiruvannamalai Taluk, Thiruvannamalai District.

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The Director of Sugars and Cane Commissioner, Periyar Building, Anna Salai, Nandanam, Chennai 600 035.

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M/s.Arunachalam Sugars Ltd., Rep. by its Managing Director, Malappampadi, Thiruvannalai Taluk, Thiruvannalai District. .. Respondents

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Page No.1 / 5

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https://www.mhc.tn.gov.in/judis

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W.A. No.773 of 2013

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Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 28.02.2013 in WP.Nos.27465 of 2009, 8909 of 2010, 29157,

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29158 and 31223 of 2012 passed by the learned Single Judge of this Court.

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For appellant : Mr.Krishna Srinivasan, Senior Counsel For respondents for R2 : Mr.S.Silambanan, AAG assisted by Mr.K.Tippu Sultan, G.A.

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JUDGMENT

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(The Judgment of the Court was delivered by D.KRISHNAKUMAR, J)

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The first respondent/Karumbu Vivasaigal Sangam has filed the Writ

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Petition in WP.No.31223 of 2012 with the following prayer:

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seeking for a direction to the Cane Commissioner to reserve Sugarcane areas permanently, in respect of sugarcane areas which was earlier reserved to M/s.Arunachalam Sugar Mills Limited, instead of passing temporarily allotment orders.

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According to the appellant, the said Writ Petition was filed with the

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Page No.2 / 5

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https://www.mhc.tn.gov.in/judis

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W.A. No.773 of 2013

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aforesaid prayer for permanent allotment of firkas. However, the learned Single Judge due to the oversight has temporarily allotted the Somasipadi and Keelpennathur firkas to the appellant.

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Further, though the Vettavalam firka was temporarily allotted to the appellant periodically, and the M/s.Arunachalam Sugar Mills Limited suspended its operation from 2003-2004, the learned Single Judge ought to have allotted the Vettavalam firka to the appellant instead of directing the Commissioner of Sugar to allot the same to some other Sugar Mills based on the recommendation of the Area Delimitation Committee.

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In reply, the learned Additional Advocate General appearing for the second respondent submitted that they have no objection for allotting the Somasipadi, Keelpennathur and Vettavalam firkas to the appellant.

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In the light of the above submission of the learned Additional Advocate General for the second respondent, this Court directs the Commissioner to consider about the permanent allotment of Firkas, viz.,

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Page No.3 / 5

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https://www.mhc.tn.gov.in/judis

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W.A. No.773 of 2013

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Vetavalam firka, Somasipadi and Keelpennathur to the appellant Mill as early as possible within a period of 12 weeks.

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Accordingly, this Writ Appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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[D.K.K., J] [P.B.B., J.] 04.09.2023

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Speaking order: Yes/No Index : Yes/No pvs

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To The Director of Sugars and Cane Commissioner, Periyar Building, Anna Salai, Nandanam, Chennai 600 035.

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Page No.4 / 5

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https://www.mhc.tn.gov.in/judis

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W.A. No.773 of 2013

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D.KRISHNAKUMAR, J. and P.B.BALAJI, J.

pvs

W.A. No.773 of 2013

04.09.2023

Page No.5 / 5

https://www.mhc.tn.gov.in/judis

M/S Rajshree Sugars & v. Karumbu Vivasaiga Sangam

Case brief

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M/S Rajshree Sugars & v. Karumbu Vivasaiga Sangam

Case brief

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