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Madras High CourtWP/16917/2017disposed of

Tamil Nadu Karumbu Vivasayigal v. The Secretary To Government,

2019-08-19Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.08.2019

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.16917 of 2017 and W.M.P.No.18376 of 2017 Tamil Nadu Karumbu Vivasayigal Sangam, Reg. No.19/1988, Rep. by its President, A.K.Rajendran, S/o, Kulandaivel Annalakshmi Ninaivakam 3-Road, Thuraimangalam Perambalur, Perambalur district.

..Petitioner 1.The Secretary to Government, Industry Department, Fort St. George, Chennai-9.

2.The Secretary to Government, Finance Department, Fort St. George, Chennai-9 3.The Secretary to Government, Agriculture Department, Fort St. George, Chennai-9 4.The Commissioner of Sugars, Periyar Maaligai, Anna Salai, Chennai-35 5.The Chief Executive Officer/District Revenue Officer, Perambalur Sugar Mill, Eraiyur, Veppanthattai Taluk, Perambalur District.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking issuance of a writ of Mandamus to direct the respondents to disburse the arrears of the state advised price for the year 2015-2016 and 2016-2017 together with 15% interest to the members of the petitioner sangam.

For Petitioner : M/s.C.Prakasam For R1 to R4 : Mr.D.Suriyanarayanan Additional Government Pleader For R5 : Mr.R.Bala Ramesh

O R D E R

Heard Mr.C.Prakasam learned counsel appearing for the petitioner, Mr.Suryanarayanan learned Additional Government Pleader appearing for 1 to 4 respondents, Mr.R.Bala Ramesh learned counsel appearing for the 5th respondent and perused the materials available on record.

2.The petitioner has come forward with the Writ Petition for issuance of Writ of Mandamous directing the respondents to disburse the arrears of the state advised price for the year 2015-2016 and 2016-2017 together with 15% interest to the members of the petitioner sangam.

3.The learned counsel for the petitioner would submit that the Government of Tamil Nadu announced sugar cane Fair and Remunerative price (FRP) and after fixing the rate sugar mills would disburse the same to the agriculturist. 4.The learned counsel would submit that the 5th respondent disbursed the sugar cane price till 2014 to 2015, 2015 to 2016 and 2016 to 2017. For the subsequent year, the 5th respondent disbursed only (FRP) Fair and Remunerative price as fixed by the Government of India. But, so far, they have not disbursed the state advised price as fixed by the Government of Tamil nadu at the rate of Rs.450/- per metric ton for the sugar cane and Rs.100/- per metric ton price for transport charges. 5.The learned Additional Government Pleader would submit that the representation of the petitioner would be considered in accordance with law.

6.In the light of the above fact and considering the submission of the learned counsel on either side, this Court directs the 2nd and 3rd respondents to consider the representation of the petitioner dated 12.06.2017 and pass appropriate orders on merits within a period of eight weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ petition stands

disposed of. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vsn To 1.The Secretary to Government, Industry Department, Fort St. George, Chennai-9.

2.The Secretary to Government, Finance Department, Fort St. George, Chennai-9 3.The Secretary to Government, Agriculture Department, Fort St. George, Chennai-9 4.The Commissioner of Sugars, Periyar Maaligai, Anna Salai, Chennai-35 5.The Chief Executive Officer/District Revenue Officer, Perambalur Sugar Mill, Eraiyur, Veppanthattai Taluk, Perambalur District.

+1cc to M/s.C.Prakasam, Advocate SR.70648 +1cc to the Government Pleader SR.71231,71232 W.P.No.16917 of 2017 and W.M.P.No.18376 of 2017 SV(CO) CB(10/10/2019)