Madras High CourtWP/13699/2020disposed of

Integrated Aavin Milk Dealers v. The Managing Director

2020-10-09Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH WP.No.13699 of 2020 & WMP.No.17035 of 2020 Integrated Aavin Milk Dealers Welfare Association of Arcaud, Ranipet and Wallajah Represented by its President G.Meenakshi Ssundaram, Having Office at No.20/U, Ammoor Road, Lamba Street, Manthangal, Mottur, Wallajah Taluk, Vellore District 632 401.

..Petitioner Vs.

1. The Managing Director, The Tamil Nadu Cooperative Milk Producers Federation Limited, Aavin Illam, No.36-A, Pasumpon Muthuramalainga Thevar Road, Nandanam Extension, Nandanam, Chennai, Pincode 600 035.

2. The Commissioner of Milk Production and Dairy Development Madhavaram Milk Colony, Madhavaram, Chennai 600 051.

3. The General Manager, Vellore District Co-operative Milk Producers Union Ltd., No.142, Arcot Road, Sathuvachari, Vellore 632 009.

4. The District Collector, Vellore District.

5. The District Collector, Ranipet District.

6. A.L. Ravi S/o.Loganathan, Door No.61 and 62 Elankuppam Street, Arcot, Ranipet Dist-632503 ..Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus to call for the

records relating to the impugned order passed by the 3rd respondent herein in his proceedings in Na.Ka.No.010/V.P.12/2019 dated 14.07.2020 published in the Daily Newspaper namely Dinamalar dated 16.7.2020 and quash the same and consequently direct the respondents 1 to 5 herein to forbear the 6th respondent herein from interfering with the business of the petitioner association members regarding purchase and sale of Aavin Milk.

For Petitioner : Mr.J. Prakasam For Respondents: Mr.Bala Ramesh, Spl.Govt. Pleader for R1 to R3

O R D E R

This writ Petition has been filed challenging the notification issued by the 3rd respondent on 14.7.2020 calling for application for appointment of Agent to distribute Milk received from Aavin.

2. The case of the petitioner Association is that the members of the Association distribute and sell the Milk received from Aavin on a retail basis and the payments are directly made to Aavin. The members are distributing and selling the Aavin Milk in various places at Vellore District.

3. The grievance of the petitioner Association is that the 3rd respondent has issued a notification in the Daily Newspaper calling for application to appoint a wholesale distributor for Aavin Milk. According to the petitioner, this notification issued by the 3rd respondent is beyond his power and jurisdiction. That apart, the members belonging to the petitioner Association are being forced to get the Milk from the 6th respondent on the ground that he is the wholesale distributor and thereby, the members of the petitioner Association are put to hardship.

4. Mr. Bala Ramesh, learned Special Govt. Pleader appearing on behalf of the respondents 1 to 3 submitted that the 3rd respondent has called for applications only to appoint a wholesale distributor for supply of Milk in accordance with the directions given by Aavin. Learned counsel further submitted that the members belonging to the petitioner Association cannot have any grievance on the notification given by the 3rd respondent since it will not affect their business and they can continue to distribute Milk.

5.The learned counsel submitted that the appointment is now being made to ensure that the retail agents receives the Milk from an authorised agent of Aavin.

6. This Court has carefully considered the submissions made on either side and the materials available on record.

7. This Court does not find any ground to interfere with the action taken by Aavin to appoint agent to ensure proper supply of the Aavin Milk. These are all administrative decisions which cannot be interfered by this Court in exercise of its jurisdiction under Article 226 of Constitution of India. This Court, does not find any merits in this Writ Petition and accordingly, this Writ Petition is dismissed. No costs. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

2.The Commissioner of Milk Production and Dairy Development Madhavaram Milk Colony, Madhavaram, Chennai 600 051.

3. The General Manager, Vellore District Co-operative Milk Producers Union Ltd., No.142, Arcot Road, Sathuvachari, Vellore 632 009.

4. The District Collector, Vellore District.

5. The District Collector, Ranipet District.

+1cc to Mr.Prakasam, Advocate, S.R.No.33672 WP.No.13699 of 2020 & WMP.No.17035 of 2020 SRA(CO) RV(11/11/2020)