Nilgiri Potato And v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH W.P.No.27175 of 2019 Nilgiri Potato & Vegetable Growers' Association, represented by its President R.Rangasamy

...Petitioner

Vs.

1.Union of India represented by its Secretary Ministry of Consumer Affairs Food & Public Distribution Department of Consumer Affairs represented by its Secretary Krishii Bhawan, New Delhi-110023.

2.Competition Commission of India Represented by its Secretary 9th Floor, Office block-1, Kidwai Nagar(East), opposite Ring Road, New Delhi-110023.

3.Department of Agriculture Cooperation and Farmers Welfare Ministry of Agriculture represented by its Secretary Krishii Bhawan, New Delhi -110023.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of 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.

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For Petitioner : Mr.V.Raghavachari For R1 : Mr.B.Rabu Manohar For R2 : Mr.Rohan K.George

O R D E R

The limited prayer sought for by the petitioner is to issue direction to the respondents to consider the representation dated 27.06.2019 wherein they have sought for framing a scheme for fixation of price under the Essential Commodities act, 1995, for the seeds imported to India.

2.It is needless to state that if such a representation of this nature is made, there is a duty cast on the concerned authorities to consider the representation and pass orders one way or the other without keeping it pending indefinitely. 3.With this observation, there shall be a direction to the first respondent to consider the petitioner's representation dated 27.06.2018 on its own merits and pass appropriate orders and take appropriate action in accordance with law as expeditiously as possible. Accordingly, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pnn To 1.The Secretary Ministry of Consumer Affairs Food & Public Distribution Department of Consumer Affairs represented by its Secretary Krishii Bhawan, New Delhi-110023.

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2.The Secretary, Competition Commission of India 9th Floor, Office block-1, Kidwai Nagar(East), opposite Ring Road, New Delhi-110023.

3.The Secretary, Department of Agriculture Cooperation and Farmers Welfare Ministry of Agriculture Krishii Bhawan, New Delhi -110023.

+1cc to Mr.Rohan K.George, Advocate sr.85724 +1cc to Mr.B.Rabu Manohar, Advocate sr.85241 +1cc to Mr.V.Raghavachari, Advocate sr.85015 W.P.No.27175 of 2019 nrl(co) nr 05/11/2019 3/3