Tamil Nadu Karumbu Vivasayigal v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29/6/2015 C O R A M THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.A. No.841 of 2015 and M.P. No.1 of 2015 Tamil Nadu Karumbu Vivasayigal Sangam rep. By its Secretary P.M.Kader Hussain 1/23 Ibrahim Nagar Rajagiri Papanasam Taluk Tanjore District 614 207.

... Appellant Vs

1. The Union of India rep. By its Secretary Ministry of Consumer Affairs Food and Public Distribution Department Krishi Bhavan New Delhi.

2. The Director of Sugar and Cane Commissioner of Tamil Nadu No.690 Anna Salai Periyar Building Nandanam Chennai 600 035.

3. Thiru.Aruran Sugars Ltd rep. By its General Manager Thirumangudi Papanasam Taluk Tanjore District.

... Respondents Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 1/6/2015 passed in M.P.No.1 of 2015 in W.P.No.13951 of 2015.

W.P.No.13951 of 2015: Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue interim direction directing the 1st respondent to fix additional cane price as per Clause 5-A of Sugarcane (Control) order 1966 and consequently direct the respondents to disburse the additional cane price to members of the petitioners Association for the period from 1999-2000 to 2008-2009(in M.P.No.1 of 2015) pending disposal of the above W.P.No.13951 of 2015. For appellant : Mr.S.Udayakumar for M/s.K.Kumudha For respondents : Mr.T.Bala Ramesh, AGP for R.2.

J U D G M E N T

(Judgment of the Court was delivered by SATISH K. AGNIHOTRI,J.,) This instant appeal is directed against the order dated 1/6/2015, whereunder, though the appellant relied on the orders passed in the similar cases, no interim relief was granted by the learned Single Judge. In fact, interim relief is sought for against the third respondent. However, according to the learned counsel appearing for the appellant, the first and third respondents did not appear on the date of passing the above order.

2. Without expressing any opinion on the merits of the case, as the relief sought for is basically against the third respondent, it is for the appellant/writ petitioner to make appropriate application before the learned writ Court for the appropriate order, if so advised, under the provisions of law.

3. This writ appeal is disposed of accordingly. Connected M.P. No.1 of 2015 is closed. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mvs.

To

1. The Director of Sugar and Cane Commissioner of Tamil Nadu No.690 Anna Salai Periyar Building Nandanam Chennai 600 035.

2. The Secretary Union of India Ministry of Consumer Affairs Food and Public Distribution Department Krishi Bhavan New Delhi.

+1cc to M/s.K.Kumudha, Advocate, S.R.No.32066 W.A.No.841 of 2015 and M.P.No.1 of 2015 MP(CO) CA(07/07/2015)