Madras High CourtWP/26761/2019disposed of

Nilgiri Potato And v. Agricultural Production

2023-12-06Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Nilgiri Potato & Vegetable Growers' Association Rep. by its President R.Rangasamy Having registered office at 284, Alexander Premises, 2nd Floor Cash Bazaar, Udhagamandalam The Nilgiris - 643 001.

Petitioner Vs.

1. Agricultural Production Commissioner and Principle Secretary to the Government Government of Tamil Nadu Namakkal Kavingnar Maaligai Fort St. George, Chennai - 600 009.

2. Financial Controller

3. Additional Director of Agriculture (seeds) Department of Agriculture Government of Tamil Nadu

4. Vice Chairman & Managing Director Tamil Nadu State Seed Development Agency Directorate of Agriculture, Chepauk Chennai - 600 005.

5. The Additional Director

6. The District Collector Nilgiris - 643 001.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents to dispose of the representation made by the petitioner, dated 27.06.2019 by framing a scheme for fixation of price under the Essential Commodities Act, 1995 for the seeds imported into India. For the Petitioner : Ms.Abhirame for Ms.V.Srimathi For the Respondents : Mr.K.Karthik Jagannath Government Advocate

ORDER

(Made by the Hon'ble Chief Justice) Heard Ms.Abhirame, learned counsel appearing for Ms.V.Srimathi, learned counsel for the petitioner and Mr.K.Karthik Jagannath, learned Government Advocate for the respondents.

2. Learned counsel for the petitioner submits that the petitioner has approached the respondents for framing a scheme so as to enable fixation of prices for the seeds imported under the Essential Commodities Act, 1955.

3. Counter affidavit is filed by the third respondent, stating that fixation of prices under the Essential Commodities Act, 1955 is the prerogative of the Central Government and the State Government has no role to play.

4. Learned counsel for the petitioner submits that in case the prices for the seeds are not fixed by the State Government, then the petitioner may be given the liberty to approach the Central Government.

5. In view of the affidavit filed, it is for the petitioner to approach the Central Government, as may be permissible under law.

6. With these observations, the writ petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 06.12.2023 Index :

Yes/No :

Yes/No drm