Kangayam Coconut Oil Producers Sangam v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.28658 and 28659 of 2023 Kangayam Coconut Oil Producers Sangam, Regd.No.78/2017, Rep.by its President, N.S.N.Dhanapal ... Petitioner in both petitions Vs.

1.The State of Tamil Nadu, Rep.by its Secretary to Government, Agriculture Department, Fort St.George, Chennai-600 009.

2.The Director, Department of Agriculture Marketing & Agri Business, 100 Feet Road, SIDCO Industrial Estate, Guindy, Chennai-600 032.

3.The Secretary, Tiruppur Market Committee, Palladam Road, Tiruppur.

4.The Superintendent, Market Committee, Karur Road, Kangayam-638 701, Tiruppur District. ... Respondents in both petitions COMMON PRAYER : Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to forbear the respondents 3 and 4 from collecting fee under the guise of Market Committee Levy from the members at the time of purchase and sale of coconut and copra from the agriculturists by taking note of G.O.(Ms).No.01, Agriculture and Farmers Welfare (AM2(1)) Department, dated 03.01.2023. In both petitions For Petitioner :

Mr.C.Prakasam For Respondents :

Mr.M.Rajendiran Additional Government Pleader

C O M M O N O R D E R These Writ Petitions have been filed to forbear the respondents 3 and 4 from collecting fee under the guise of Market Committee Levy from the members at the time of purchase and sale of coconut and copra from the agriculturists by taking note of G.O.(Ms).No.01, Agriculture and Farmers Welfare (AM2(1)) Department, dated 03.01.2023.

2. The petitioner Sangam filed these writ petitions as the market committee proposed to levy fee on the petitioner's transactions on the strength of G.O(Ms).No.84, Agriculture and Farmers Welfare (AM-2(1)) Department, dated 23.04.2022. The members of the petitioner Sangam are dealing with coconut and copra. G.O(Ms).No.84, Agriculture and Farmers Welfare (AM-2(1)) Department, dated 23.04.2022, has been cancelled vide

G.O.(Ms).No.1, Agriculture and Farmers Welfare (AM2(1)) Department, dated 03.01.2023. Now, the coconut and copra is not a notified commodity.

3. The learned Additional Government Pleader appearing for the respondents submits that both the coconut and copra were notified crops before issuance of G.O(Ms).No.84, Agriculture and Farmers Welfare (AM2(1)) Department, dated 23.04.2022 in respect of Tiruppur Market Committee vide G.O.No.07, Agriculture (AM.2) Department dated 09.01.2012 and cancellation of Uniform Notification has no effect on the collection of market fee for coconut and copra in Tiruppur Market Committee.

4. The facts involved in these writ petitions have already been decided by this Court in W.P(MD).No.17280 of 2022 vide order dated 25.08.2023 in

respect of Green gram, wherein, this Court disposed of the writ petition citing that G.O(Ms).No.84, Agriculture and Farmers Welfare (AM-2(1)) Department, dated 23.04.2022 was cancelled vide G.O.(Ms).No.1, Agriculture and Farmers Welfare (AM2(1)) Department, dated 03.01.2023. Since these writ petitions are similar in nature, this Court is of the view that these writ petitions can be allowed on the above terms. Accordingly, these Writ Petitions are allowed with a direction to the respondents not to collect the fees under the guise of Market Committee Levy from the members of the petitioner Sangam at the time of purchase and sale of coconut and copra from the agriculturists. There shall be no order as to costs. Connected miscellaneous petitions are closed.

03.11.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No

ssb To 1.The State of Tamil Nadu, Rep.by its Secretary to Government, Agriculture Department, Fort St.George, Chennai-600 009.

2.The Director, Department of Agriculture Marketing & Agri Business, 100 Feet Road, SIDCO Industrial Estate, Guindy, Chennai-600 032.

3.The Secretary, Tiruppur Market Committee, Palladam Road, Tiruppur.

4.The Superintendent, Market Committee, Karur Road, Kangayam-638 701, Tiruppur District.

M.DHANDAPANI, J.

ssb

03.11.2025