N.Natarajan, v. The Disstrict Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.03.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.9993 of 2016 N.Natarajan ... Petitioner Vs.

1.The District Collector, Namakkal.

2.The Designated Officer, Tamilnadu Food and Safety Drug Administration Department, Collector Office, Namakkal.

3.The Managing Director, Sagoserve, Jagirammapalayam, Omalur Main Road, Salem.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to consider the representation of the petitioner dated 07.03.2016 within stipulated time.

For Petitioner : Mr.M.Ramesh For respondents : Mr.S.Pattabiraman, GA

ORDER

This writ petition has been filed by the petitioner praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 07.03.2016.

2.In the affidavit filed in support of the writ petition, it has been averred by the petitioner as follows 2-1.The petitioner is a farmer and he has been cultivating tapioca (a kind of tropical plant, full of starchy food) in his own land measuring to an extent of 2 acres in Namakkal, for nearing three decades. Tapioca is cultivated by farmers in Salem, Namakkal, Erode, Dharmapuri, Trichy, Perambalur and part of Villupuram District. The petitioner has been successfully cultivating tapioca, which is sold for a prize; and the petitioner did not face any problem till the year 2010.

2-2.It is further stated by the petitioner that tapioca is cultivated in 25 lack hectars in 18 districts by 15 lakh farmers, who solely depend on cultivation of tapioca alone. The period of maturity for tapioca is one year. For the past fiver years, the farmers are facing problem and the petitioner has not got any good price for tapioca. Even facing loss, the petitioner has been cultivating tapioca in his land. Sago is known as Tapioca. In Tamilnadu, it is known as as Javarishi. During the production of Javarishi, in order to show the Javaresi attractive, the sago manufacturers adulterate chemicals like, Chlorine water, Hydrochloric Acid, Sulphuric Acid, Sodiem Hypo Chloride, Calcium Hypo Chloride, Phosphoric Acid, Hydrogen peroxide and Tinopal Powder.

The chemicals adulterated in sago are creating the complications like stomachache & skin allergy; and in some times, it would cause cancer and kidney problems to the consumer. In order to stop the adulteration, the petitioner has also given representation dated 07.03.2016 to the respondents. Since no action was taken by the respondents on the petitioner's representation, the petitioner has come forward with the present writ petition.

3.Heard both sides and perused the materials available on record.

4.Considering the limited scope of the prayer sought for in the writ petition, without expressing any opinion on the claim of the petitioner, this Court directs the 1st respondent to consider the representation 07.03.2016 given by the petitioner and pass appropriate orders, after affording opportunity of personal hearing to the petitioner as well as to all other necessary parties, if any, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

With the above direction, the writ petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ssv

To 1.The District Collector, Namakkal.

2.The Designated Officer, Tamilnadu Food and Safety Drug Administration Department, Collector Office, Namakkal.

3.The Managing Director, Sagoserve, Jagirammapalayam, Omalur Main Road, Salem.

+1cc to Mr.M. Ramesh, Advocate, S.R.No.19451 +1cc to the Government Pleader, S.R.No.19718 W.P.No.9993 of 2016 SVI(CO) EU(20/04/2016)