K.M.Venkatesan v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.07.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P. No.5654 of 2022 and W.M.P.Nos.5745, 5746, 5747, 5748, 5749 and 5750 of 2022 1.K.M.Venkatesan 2.N.Barathi 3.T.Arumugam 4.V.Kamaraj 5.A.Venkatesan
...Petitioners
vs.
1.The State of Tamil Nadu, Rep. by its Secretary, Agriculture and Farmer Welfare Department, Fort St.George, Chennai - 600 009.
2.The Secretary, Co-operative, Food and Consumer Protection Department, Fort St.George, Chennai - 600 009.
3.The Managing Director, Tamil Nadu Civil Supplies Corporation Limited, Head Office, No.12, Thambu Samy Road, Kilpauk, Chennai - 600 010.
4.The District Collector, Ranipet District, Ranipet.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to establish permanent Direct Purchase Centers (DPC) consist of every 500 - 600 acres of farmland with adequate storage & transportation facilities with basic requirements and ensure the respondents to made opening the same not below 45 days during the harvest season in the light of the judgment of this Hon'ble Court in W.P.(MD).No.14481 of 2020 dated 17.08.2021 and consecutively direct the respondents to build permanent godowns in required numbers.
For petitioners : Mr.S.Jim Raj Milton For respondents : Mr.J.Ravindran Additional Advocate General Assisted by Mr.K.H.Ravikumar
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the respondents to establish adequate number of permanent Direct Purchase centers(DPC) in the light of the judgment of this Court in W.P.(MD).No.14481 of 2020 dated 17.08.2021.
2. The learned counsel for the petitioners would now submit that after filing of the writ petition, the respondents have established adequate permanent Direct Purchase Centers(DPC) as sought for in this writ petition. Since, the prayer sought for has been achieved, nothing survives for further adjudication in the main writ petition. However, the learned counsel for the petitioner would submit that in view of the non establishment of adequate Direct Purchase centers earlier, large quantities of paddy belonging to the petitioner remains unsold and are still lying with the Farmers. The petitioner and other Farmers have given representations to the respondents requesting them to purchase the unsold paddy. Since the representation has not been considered till date, the learned counsel for the petitioners requests this Court to direct the respondents to consider the petitioners representations referred to supra on merits and in accordance with law.
3. No prejudice would be caused to the respondents, if such a direction is issued by this Court.
4. After recording the fact that adequate number of Direct Purchase Centers have now been established subsequent to the filing of this writ petition, this writ petition is disposed of. However, the petitioners are directed to give a fresh representation to the respondents requesting them to purchase the unsold paddy belonging to the Farmers, which is now lying with them and which was unable to be sold on the ground that earlier there were insufficient number of Direct Purchase Centres, within a period of one week from the date of receipt of a copy of this order. On receipt of the said representation,
the 3rd respondent shall pass final orders on merits and in accordance with law, within a period of four weeks thereafter. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar vsi2 To
1. The Secretary, State of Tamil Nadu, Agriculture and Farmer Welfare Department, Fort St.George, Chennai - 600 009.
2.The Secretary,State of Tamil Nadu, Co-operative, Food and Consumer Protection Department, Fort St.George, Chennai - 600 009.
3.The Managing Director, Tamil Nadu Civil Supplies Corporation Limited, Head Office, No.12, Thambu Samy Road, Kilpauk, Chennai - 600 010.
4.The District Collector, Ranipet District, Ranipet.
+1 cc to Mr.S.Jim Raj Milton, Advocate Sr.NO. 48964 W.P. No.5654 of 2022 and W.M.P. Nos.5745, 5746, 5747, 5748, 5749 and 5750 of 2022 NRJK(CO) A.SK(21/07/2022)