R.Elavarasan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 24.02.2020
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No. 2638 of 2020 and W.M.P.No. 3070 of 2020 R.Elavarasan .. Petitioner ..Vs..
1.The District Collector, Cuddalore District, Cuddalore.
2. The Managing Director, Tamil Nadu Civil Supplies Corporation, Tambusamy Street, Kilpauk, Chennai - 10.
3. The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, Semmandala, Cuddalore, Cuddalore District.
.. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents from opening Direct Purchase Center in nearby existing Direct Purchase Center running at the place of Venkarumbur and Nanthapadi, Tittagudi Taluk, Cuddalore District as 3rd Direct Purchase Center.
For Petitioner : Mr.C.Prakasam For Respondents : Mr.M.Inbanthan Additional Government Pleader for R1 Mr.L.P.Shanmuga sundaram Special Government Pleader for R2 & R3.
O R D E R
The petitioner has filed the present writ petition in the nature writ of mandamus seeking a direction to forbear the respondents from opening Direct Purchase Center in nearby existing Direct Purchase Center running at the place of
Venkarumbur and Nanthapadi, Tittagudi Taluk, Cuddalore District as 3rd Direct Purchase Center.
2. In the affidavit filed in support of the writ petition, the petitioner R.Elavarasan, residing at Venkarumbur, Murugankudi Post, Tittagudi Taluk, Cuddalore District, an agriculturist and having own lands has stated that the respondents opened the Direct Purchase Center for purchase of paddy from agriculturists for their Civil Supplies Corporation. The respondents used to open Direct Purchase Centers in the seasons of harvest months in delta area and in and around the delta areas.
3. The learned counsel for the petitioner states that it would be beneficial if the Direct Purchase Centers are opened with some considerable distance around Thittakudi. It is the petitioner's grievance that Direct Purchase Centres are being continuously opened in and around Venkarumbur Village. It is stated that the other areas do not have Direct Purchase Centre. It is also stated that if the Direct Purchase Centres are at a distance of one or two kilometers, then the agriculturists would not be able to tender their paddy in nearby villages.
4. The counter affidavit has been filed by the 1st respondent and the same is adopted by the 2nd and 3rd respondents. It has been stated that in the year 2018-19, the Direct Purchase Centre, Venkarumbur-I have purchased 937 metric tons of paddy from 350 farmers and the Direct Purchase Centre, Venkarumbur-II have purchased 742 metric tons of paddy from 220 farmers. Having two Direct Purchase Centres in Venkarumbur village is useful for the farmers to sale their yields.
5. Heard Mr.C.Prakasam, learned counsel for the petitioner and Mr.M.Inbanathan, learned Additional Government Pleader appearing on behalf of the respondents.
6. The learned counsel for the petitioner stated that it would be advantage to the farmers if Direct Purchase Centers are opened at separate places with considerable distance and that would enable all the agriculturists to have access to Direct Purchase Centres to sell the harvested paddy.
7. The learned counsel would state that a Mandamus must be issued to the respondents to open Direct Purchase Centres simultaneously a mandamus must be issued forbearing the respondents from opening Direct Purchase Centres in the two villages.
8. The learned counsel for the petitioner, on instructions has given the following places where Direct Purchase Centres can be opened. The places are as follows:
(i) Kosapallam (ii) Karaiyur (iii) Avinankudi (iv) Pattur (v) Ramanatham
9. Therefore, a direction is issued to the first respondent namely the District Collector, Cuddalore District to examine whether Direct Purchase Centres can be opened in the above mentioned places for the benefit of the agriculturists and purchasers. The first respondent may therefore, examine this aspect and if necessary conduct a meeting of farmers and take efforts in a positive manner. It is made clear that existing Direct Purchase Centres need not be closed.
10. Accordingly, the present writ petition stands disposed of. No costs. consequently, connected miscellaneous petition is closed.
Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar kmm To 1.The District Collector, Cuddalore District, Cuddalore.
2. The Managing Director, Tamil Nadu Civil Supplies Corporation, Tambusamy Street, Kilpauk, Chennai - 10.
3. The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, Semmandala, Cuddalore, Cuddalore District.
+1CC to Mr.C.Prakasam,Advocate C.C.No.15538 +1CC to M/s.L.P.Shanmugasundaram, Advocate C.C.No.16181 +1 CC to M/s.Special Government Pleader,C.C.No.16192 +1 CC to M/s.Government Pleader, CC.No.16203 W.P.No. 2638 of 2020 and W.M.P.No. 3070 of 2020 BS/CO nvi/27.05.2020