P.Rajasekar v. The Assistant Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.9583 of 2024 1.P.Rajasekar 2.S.Selvamani 3.T.Gnanadhas 4.M.Justin 5.P.Dharmaraj 7.N.Kumar 8.R.Ramesh 9.S.Sundar Raj 10.T.Rajan 11.D.Sherma 12.R.Sasikumar 13.S.Varadharajan 14.H.Vijay Singh 15.A.Jeyasingh 1/6
16.Derma 17.W.Anand Kumar 18.R.Justin Raj 19.C.Kumaresan 20.B.Michael Belton ... Petitioners Vs.
1.The Assistant Director, Khadhi Village Industries, Collector Office Campus, Kanyakumari District.
2.The Marthandam Bee Keepers Co-operative Society Ltd., Rep. by its Secretary, No.2050, Veetuveni, Marthandam, Kanyakumari District.
3.The Marthandam Bee Keepers Co-operative Society Ltd., Rep.by its President, No.2050, Veetuveni, Marthandam, Kanyakumari District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondent to implement the schedule and quantity of purchase of honey from the members of the societies as notified in the notice board on 15.03.2024 by considering the recent request submitted by the petitioner on 18.04.2024. 2/6
For Petitioners : Mr.A.Senthilkumar For Respondents : Mr.S.Kameswaran Government Advocate for R2 & R3 : Mr.Raguvaran Gopalan for R1 Standing Counsel
ORDER
Heard the learned counsel appearing for the petitioners and the learned Standing Counsel appearing for the Khadi Board and the learned Government Advoate appearing for the Co-operative Society (Respondent Nos. 2 and 3).
2. The writ petitioners contend that they are members of the third respondent Society. Their status is not contested by the Society. However, the learned Standing Counsel appearing for the Khadi Board states that there is some dispute regarding the petitioner's membership. My attention is also drawn to the communication dated 04.04.2024 issued by the first respondent to the third respondent stating that the procurement of honey should not be made from 375 members whose membership has been questioned in the audit report. It is true that this communication has not been formally challenged by the petitioners.
3. The petitioner's right should be determined with reference to the position that obtained on the date of filing of the Writ Petition. In any event, 3/6
when the management of the Society has not disputed the petitioner's status, I wonder whether the first respondent can restrain the Society from making procurement. If the petitioner's status as a member is formally nullified, then, of course thereafter procurement cannot be made. But, till then, it cannot be appropriate to prevent the Society from procuring from the petitioners.
4. The first respondent has issued proceedings indicating the level of procurement to be made from the individual members. The first respondent has prepared a schedule based on the supply made by the members during the last five years. The third respondent has also prepared a similar procurement list, but, it was made ready by taking into account the supply made for the last three years. But in both the proceedings, there is one common feature. The first respondent is of the view that only a maximum 1500 kgs can be procured from an individual member. Interestingly, even if the schedule prepared by the first respondent is implemented in toto, there would still be short-fall. Therefore, I direct respondent Nos.2 and 3 to take supply from the writ petitioners also as per the resolution passed by them.
5. Accordingly, this Writ Petition stands allowed. No costs. Consequently, the connected miscellaneous petition is closed. I make it clear 4/6
that the scope of the Writ Petition is confined to granting relief to the petitioners alone. Consequently, connected miscellaneous petition is closed. 30.04.2024 Index : Yes / No Internet : Yes/ No rmi To 1.The Marthandam Bee Keepers Co-operative Society Ltd., Rep. by its Secretary, No.2050, Veetuveni, Marthandam, Kanyakumari District.
2.The Marthandam Bee Keepers Co-operative Society Ltd., Rep.by its President, No.2050, Veetuveni, Marthandam, Kanyakumari District.
5/6
G.R.SWAMINATHAN, J.
rmi 30.04.2024 6/6