M/S Sri Vel Traders, v. The Commissioner And The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 19.07.2023

CORAM:

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR. JUSTICE P.B.BALAJI and CMP.Nos.7179 to 7187 of 2016 M/s.Sri Vel Traders, Represented by its Proprietrix, S.Lakshmi No.5/7Q, Thottiampatti Road, Keezhapudhur, Oruvandhur Post, Namakkal Taluk & District.

.. Appellant in WA.No.519 of 2016 Vs.

1. The Commissioner and the Principal Secretary to Government, Agricultural Department, Secretariat, Chennai 600 009.

2. The Commissioner, Agriculture Marketing & Agri Business, Thiru.Vi.Ka.Industrial Estate, Cipet Road, Guindy, Chennai 600 032.

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3. The Secretary, Salem Marketing Committee, Uthamasolapuram, Salem 636 010.

4. The Superintendent, Regulatory Marketing Committee, Salem Marketing Committee at P.Velur, Namakkal District.

.. Respondents in WA.No.519 of 2016 Prayer in in WA.No.519 of 2016: Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 05.10.2015 made in WP.No.31193 of 2015 passed by the learned Single Judge of this Court. For appellant : Mr.G.Sankaran, Senior Counsel for Mr.S.Nedunchezhiyan For respondents for R1 : Mr.S.Silambanan, AAG assisted by Mrs.Geetha Thamaraiselvan, SPl.G.P.

for RR2 to 4 : No Appearance COMMON JUDGMENT (The Judgment of the Court was delivered by D.KRISHNAKUMAR, J) Aggrieved over the order passed by the Writ Court in dismissing the Writ Petitions, which were filed for forbearing the demand of market fee in Page No.2 / 5

respect of watery coconut stating that it is not an 'agricultural produce' not notified under agricultural produce.

2. The learned Additional Advocate General appearing for the first respondent placed an amendment notification issued by the Government of Tamil Nadu amending the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987 vide G.O.Ms.No.11 Agriculture [AM2(1)] dated 11.01.2019 stating that schedule in column (2) is amended, which reads as follows:

"Amendments

(1) against the entry "III Oil Seeds", in column (1), the existing item "5. Coconut in all forms except Tender Coconut" shall be omitted.

(2) against the entry "XV Miscellaneous" in column (1) after the item 4. Silk Cotton in all forms, the following term shall be added, namely:- "5. Coconut in all forms except Tender Coconut". Page No.3 / 5

3. In view of the above amendment of schedule, the prayer sought for in these Writ Appeals have become infructuous. Hence, all the Writ Appeals stand dismissed as having become infructuous. [D.K.K., J] [P.B.B., J.] 19.07.2023 Speaking order: Yes/No Index : Yes/No pvs To

1. The Commissioner and the Principal Secretary to Government, Agricultural Department, Secretariat, Chennai 600 009.

2. The Commissioner, Agriculture Marketing & Agri Business, Thiru.Vi.Ka.Industrial Estate, Cipet Road, Guindy, Chennai 600 032.

3. The Secretary, Salem Marketing Committee, Uthamasolapuram, Salem 636 010.

4. The Superintendent, Regulatory Marketing Committee, Salem Marketing Committee at P.Velur, Namakkal District.

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D.KRISHNAKUMAR , J.

and P.B.BALAJI , J.

pvs 19.07.2023 Page No.5 / 5