Kanchipuram And Villupuram v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.NO.15673 OF 2016 AND WMP NO.13621 OF 2016 Kanchipuram and Villupuram Mavatta Karumbu Vivasayigal Sangam Rep. By its President No.1, G.S.T. Road, Attrankarai, Mamandur Post and Village, Mamandur Taluk, Kanchipuram District.

.. Petitioner

Versus

1.The District Collector Kancheepuram District, Kancheepuram.

2.The Commissioner of Sugars Anna Salai, Nandanam, Chennai - 600 035.

3.Madurantakam Cooperative Sugar Mills Rep. By Special Officer Madurantakam, Kancheepuram District.

4.S.V.Sugars Limited Presently called as M/s.Padmadevi Sugar Mills Limited Rep. By its Managing Director Walajabad, Kancheepuram District.

..

Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents 1 and 2 to forbear the 4th respondent from registering the cane for the crushing season 2016-17 from the six firqas viz. Kaliampoondi, Kanavakkam, Thirupulivanam, Uthiramerur, Arumbuliyur and Salavakkam. For Petitioner :

Mr.R.Rajarajan For Respondent-1 :

Mr.R.Rajeswaran Special Government Pleader

For Respondent-2 :

Mr.D.Venkatachalam Government Advocate For Respondent-3 :

Mr.Bala Ramesh Additional Government Pleader

O R D E R

Heard Mr.R.Rajarajan, learned counsel appearing for the petitioner; Mr.R.Rajeswaran, learned Special Government Pleader accepting notice on behalf of the first respondent; Mr.D.Venkatachalam, learned Government Advocate accepting notice on behalf of the second respondent and Mr.Bala Ramesh, learned Additional Government Pleader, accepting notice on behalf of the third respondent. By consent, the writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner is an Association, which is aggrieved by the action of certain Sugar Cane farmers, who are going to register themselves with the fourth respondent. Therefore, the petitioner wants action being initiated against them. In this regard, a representation has been given to the respondents 1 and 2 by the petitioner Association.

The petitioner, in effect, seeks for a prohibitory order against the fourth respondent, which is admittedly a private organisation and Company registered under the Companies Act. Furthermore, it is not known as to who are the Sugar Cane growers, who are registered themselves with the fourth respondent. This group has not been identified, nor any person impleaded in the representative capacity of such group of Sugar Cane growers. 3.Therefore, at this juncture, this Court cannot issue any direction as sought for in this writ petition. However, it is open to the petitioner to meet the second respondent, in person, and appraise the second respondent the factual situation, for appropriate action, after notice to all concerned.

4.The writ petition is disposed of with the above observation and direction. No costs. Consequently, connected miscellaneous petition is closed.

TK s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar

To 1.The District Collector Kancheepuram District, Kancheepuram.

2.The Commissioner of Sugars Anna Salai, Nandanam, Chennai - 600 035.

3.The Special Officer Madurantakam Cooperative Sugar Mills Madurantakam, Kancheepuram District.

+ 1 cc to Mr.G.Rajan, Advocate, SR 26233 + 1 cc to Mr.R.Balaramesh, Advocate, SR 27507 + 1 cc to Govt.Pleader, High Court, Madras SR 26799 sv(co) prk2/6 W.P.NO.15673 OF 2016