Nilgiri Nelikolu Micro & v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.04.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and M.P.Nos.1 & 2 of 2014 Nilgiri Nelikolu Micro & Small Tea Growers and Farmers Development Society, (Reg.No.101/2013) No.41, Lakshmi Devi Building, Rose Garden Road, Udhagamandalam, The Nilgiris, Rep.by its President
...Petitioner
Vs.
1.Union of India, Rep.by its Secretary to Government, Ministry of Commerce, Central Secretariat, New Delhi.
2.State of Tamil Nadu, Rep.by its Secretary, Micro, Small & Medium Enterprises (A Department), Fort St.George, Chennai - 9.
3.The Tea Board of India, No.14, BTM Sarani, Kolkatta, 1/7
West Bengal - 700 001.
Rep.by its Chairman.
4.The District Collector, Nilgiris District/ Chairman, District Price Monitory Committee, Udhagamandalam, The Nilagiris.
5.The Regional Executive Director, Tea Board of India, Southern Region, Club Road, Coonoor, The Nilgiris - 643 101.
6.The Nilgiri Bought Leaf Tea Manufacturers' Association, No.9, Mount Road, Coonoor, The Nilgiris 642 102 Rep.by its Secretary.
..Respondents Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to reconsider the existing Price Sharing Formula between the Small Tea Growers and the Bought Leaf Factories at the ratio of 65 :35 with a specific reference to the categorical findings of the ICWAI report dated 05.05.2008 and the IIPM report dated 01.04.2013 that the BLFs are continuously making profit and the actual rate realized by them are not available for sharing with the STGs. 2/7
For Petitioner : Mr.R.Sivakumar For R1 : Mr.A.Kumaraguru Senior Central Government Standing Counsel (SCGSC) For R2 & R4 : Mr.P.Sanjay Gandhi Government Advocate For R3 & R5 : Mr.D.Muthu Kumar For M/s.Paul and Paul For R6 : Mr.E.Manoharan
ORDER
The writ petition has been instituted to direct the respondents 1 to 4 to reconsider the existing Price Sharing Formula between the Small Tea Growers and the Bought Leaf Factories at the ratio of 65 :35 with a specific reference to the categorical findings of the ICWAI report dated 05.05.2008 and the IIPM report dated 01.04.2013 that the BLFs are continuously making profit and the actual rate realized by them are not available for sharing with the STGs.
2. The petitioner is Nilgiri Nelikolu Micro & Small Tea Growers and Farmers Development Society, (Reg.No.101/2013) which is a Society registered under the Tamil Nadu Societies Registration Act. 3/7
3. The grievances of the petitioner-Society are that the ratio of 65:35 existing between the Small Tea Growers and the Bought Leaf Factories is to be reconsidered for the benefit of the members of the petitioner-Society.
4. The learned counsel appearing on behalf of the Respondents R3 & R6 and the learned counsel for the respondent R6 brought to the notice of this Court that the relief sought for in this regard was already granted by the respondents and a notification was issued on 15.04.2015. Therefore, the grievances of the petitioners had already been redressed in the year 2015 and thus, no further adjudication is required in the present writ petition.
5. The learned counsel for the petitioner-Society raised an objection by stating that subsequently, an amendment was issued in Notification dated 17.12.2021 and challenging the said amendment, the writ petition in W.P.No.9763 of 2023 has been filed by the petitioners.
6. In view of the fact that a fresh writ petition has been filed, challenging the subsequent amendment issued in Notification dated 17.12.2021, the petitioners are at liberty to pursue all the grounds raised in 4/7
the present writ petition in the said writ petition filed in W.P.No.9763 of 2023.
7. With this liberty, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 10.04.2023 Index : Yes Speaking order kak To 1.The Secretary to Government, Union of India, Ministry of Commerce, Central Secretariat, New Delhi.
2.The Secretary, State of Tamil Nadu, Micro, Small & Medium Enterprises (A Department), Fort St.George, Chennai - 9.
3.The Chairman, The Tea Board of India, No.14, BTM Sarani, 5/7
Kolkatta, West Bengal - 700 001.
4.The District Collector, Nilgiris District/ Chairman, District Price Monitory Committee, Udhagamandalam, The Nilgiris.
5.The Regional Executive Director, Tea Board of India, Southern Region, Club Road, Coonoor, The Nilgiris - 643 101.
6.The Secretary, The Nilgiri Bought Leaf Tea Manufacturers' Association, No.9, Mount Road, Coonoor, The Nilgiris 642 102 6/7
S.M.SUBRAMANIAM, J.
kak 10.04.2023 7/7