Tea Buyers Association Of v. The Union Of India, Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2015

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.Nos.2319 & 2320 of 2003 Tea Buyers Association of Coimbatore, Sai Nilayam, First Floor, 36, Krishnamasamy Mudaliar Road, Coimbatore-641 001.

Rep., by its Chairman.

.. Petitioner in both WPs.

Vs.

1.The Union of India, rep., by Secretary, Ministry of Commerce, Udyog Bhavan, New Delhi-100 001.

2.Tea Board, Rep., by its Chairman, Head Office at No.14, B.T.M. Sarani, Kolkatta-700 001.

.. Respondents 1 & 2 in both W.Ps.

3.The Special Officer, The Indooserve, Post Box No.37, Church Road, Coonoor-643 101, Nilgiris.

(R3 impleaded as per order dt.31.1.2003 in WPMP.3862/2003 & 3863/03 4.The United Planters' Association of Southern India, Represented by its Secretary General, Mr.Ullas Menon, Glenview, Coonoor, Nilgiris District.

(R4 impleaded as per order dt.31.1.03 in WPMP.3931/2003) & 3932/03 ..Respondents 3 &4 in both WPs

5.The Nilgiris Bought Leaf Tea Manufacturers' Association, represented by President Thiru M.Balasundaram, 9, Mount Road, Coonoor, The Nilgiris District-643 102.

..5th Respondent in WP.2319/15 ..6th Respondent in WP.No.2320/15 6.The Nilgiris Small Tea Growers' Association, represented by Thiru P.Ravindran, Member, Executive Committee, 9, Mount Road, Coonoor, The Nilgiris District-643 102.

...6th Respondent in WP.2319/15 ...5th Respondent in WP.2320/15 7.Nilgiris Tea Growers Protection Centre, No.18/638, Reeba Compex, Kotagiri, The Nilgiris, rep., by its President.

(R5 to R7 impleaded as per order dt.

14.02.2003 in WPMPs.5349, 5350 & 5468/03 respectively) & 5351,5352 & 5469/03 respectively) ..7th Respondent in both WPs Petition in W.P.No.2319 of 2003 is filed under Article 226 of The Constitution of India praying to issue a writ of Declaration declaring Clause 2(1), 4, 6, 7(2), 17, 21, 22, 23, 27 and 28 of Tea Marketing Control Order, 2003 issued by the first respondent and published in Gazette of India dated 01.01.2003 as arbitrary, violative of Article 14 and 19(1) of the Constitution and ultra vires the Tea Act, 1953 in so far as the members of the petitioner are concerned.

Petition in W.P.No.2320 of 2003 is filed under Article 226 of The Constitution of India praying to issue a writ of Declaration declaring Clauses 2 and 3 of the directives No.12 (23)/CL/2002-03/4692, dated 6.1.2003 issued by the second respondent under Clause 13 of Tea Marketing Control Order, 2003, pertaining to division of lots and proxy bidding as arbitrary and ultra vires the Tea Act, 1953 in so far as the members of the petitioner are concerned.

For Petitioner ..

No appearance For respondents ..

No appearance

COMMON ORDER When the writ petitions were taken up for hearing on 28.10.2015, there was no representation on behalf of the petitioner and hence, the matters have been listed today under the caption ''for dismissal''. Even today, there is no representation on behalf of the petitioner. Hence, these writ petitions are dismissed for non prosecution. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar raa To 1.The Secretary,Union of India, Ministry of Commerce, Udyog Bhavan, New Delhi-100 001.

+2 ccs to Mr.J.Madanagopal Rao, Sr CGSC sr.nos.60974 & 90671/15 W.P.No.2319 & 2320 of 2003 aa26/11/2015