The Nilgiri Bought Leaf Tea v. Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.7432 of 2014 and M.P.Nos. 1,2&3 of 2014 The Nilgiri Bought Leaf Tea Manufacturers' Association, Represented by Secretary, No.9, Mount Road, Coonoor 642 102, The Nilgiris, Tamil Nadu. ...Petitioner Vs

1. Union of India, Rep. by Secretary to Government, Ministry of Commerce, Central Secretariat, New Delhi.

2. State of Tamil Nadu, Principal Secretary/Industries Commissioner & Director of Industries & Commerce, No.36, South Canal Bank Road, Mandavelipakkam, Chennai - 600 028.

3. Tea Board of India, Rep. by Executive Director, Shell Wood, Club Road, P B No.6, Coonoor, Niligiris - 643 101.

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4. The Collector/Chairman, District Level Price Monitoring Committee (DPMC), The Niligiris, Niligiri District.

... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the third respondent in Ref.TB/CNR/DLPMC/2013 dated 05.08.2013 and the consequential impugned G.O.No.68 Micro,Small and medium enterprises(A) Department dated 21.11.2013 of the second respondent, quash the same and consequently direct the respondents to adhere to the original Price Sharing Formulae (PSF) of 65.35 ratio applicable to individual manufacturers of the Petitioner Association and their respective growers on a one to one basis.

For Petitioner :Mr.E.Manoharan For Respondents :Mr.J.Madanagopal Rao (for R1) Sr. Central Govt. Standing Counsel Mr.K.M.D.Muhilan(for R2) Government Advocate Mr.D.Muthukumar (for R3) for M/s.Paul and Paul

ORDER

The writ petitioner has subsequently filed W.P.No.29448 of 2017, based on the amendments issued in the year 2015 in Tea (Marketing) Control Order, 2003.

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2. In view of the fact that the petitioner has subsequently filed a writ petition challenging the amendments made during the pendency of this writ petition, all the grounds raised in this writ petition may be raised by the writ petitioner in the other writ petition i.e. WP No.29448 of 2017, pending before this Court. However, the relief sought for in the present case and the cause did not exist and thus, the writ petition stands closed. No Costs. Consequently, the connected miscellaneous petitions are closed. 07.10.2021 Internet:Yes Index : Yes/No.

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S.M.SUBRAMANIAM, J.

nti To

1. Secretary to Government, Union of India, Ministry of Commerce, Central Secretariat, New Delhi.

2. State of Tamil Nadu, Principal Secretary/Industries Commissioner & Director of Industries & Commerce, No.36, South Canal Bank Road, Mandavelipakkam, Chennai - 600 028.

3. Executive Director, Tea Board of India, Shell Wood, Club Road, P B No.6, Coonoor, Niligiris - 643 101.

4. The Collector/Chairman, District Level Price Monitoring Committee (DPMC), The Niligiris, Niligiri District.

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