Madras High CourtWP(MD)/18480/2020disposed of

S. Pattammal Sathiyamoorthy v. The Prl.Secretary To Union Of India

2020-12-16Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)Nos.15467 to 15469 of 2020 S.Pattammal Sathiyamoorthy : Petitioner Vs.

1.The Principal Secretary to Union of India, Ministry of Agriculture and Farmers Welfare, Krishi Bhawan, New Delhi - 110 001.

2.The Chairman, Commission for Agricultural Costs and Prices, Department of Agriculture, Co-operation and Farmers Welfare, Ministry of Agriculture and Farmers Welfare, Krishi Bhawan, New Delhi - 110 001.

3.The Chairman, Food Corporation of India, 16 - 20, Basakhama Lane, New Delhi.

4.The General Manager, National Bank for Agricultural and Rural Development, State Project Department, G-Block, Bandra - Kurla Complex, Bandra (East), Mumbai - 400 051.

5.The Principal Secretary to Government of Tamil Nadu, Department of Agriculture, 6.The Principal Secretary to Government of Tamil Nadu, Department of Food and Civil Supplies, 7.The Principal Secretary to Government of Tamil Nadu, Department of Rural Development & Panchayat Raj, 1/5

8.The General Manager, Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai - 600 010.

9.The District Collector, Pudukkottai.

10.The District Supply Officer, Office of the District Collector, Pudukkottai.

11.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Pudukkottai.

: Respondents [R.8 suo-motu amended vide order dated 16.12.2020] PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents to open the Direct Procurement Centers at Kattathi, Pattuviduthi, Nellayadikollai and Thondaiman Punjai in Karambakudi Taluk, Pudukkotai District.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.Ashok Kumar Sr.Central Government Standing Counsel for R.1 Mrs.Victoria Gowri Assistant Solicitor General of India for R.2 & R.3 Mr.P.Subbiah Central Government Standing Counsel for R.4 Mrs.J.Padmavathi Devi Special Government Pleader for R.5 to R.7, R.9 & R.10 Mr.H.Arumugam Standing Counsel for R.8 & R.11 ***** 2/5

ORDER

(Order of the Court was made by N.KIRUBAKARAN, J.) The petitioner has come before this Court for issuance of a Writ of Mandamus directing the respondents to open Direct Procurement Centers at Kattathi, Pattuviduthi, Nellayadikollai and Thondaiman Punjai in Karambakudi Taluk, Pudukottai District.

2. According to the petitioner, Karambakudi Panchayat has five Direct Procurement Centers for purchase of paddy from the Farmers, viz., Kattathi, Pattuviduthi, Nellayadikollai, Thondaiman Punjai and Kaliyarayanviduthi. The above said centres would be opened seasonally and they have been functioning for the past twenty years. Because of the procurement centres, the Farmers from the surrounding villages are benefitted, otherwise, they have to travel 15 kms to sell their produce.

3. When things stood thus, four procurement centres at Kattathi, Pattuviduthi, Nellayadikollai and Thondaiman Punjai were suddenly closed and because of that, Thousands of Farmers are affected. In this regard, the Member of Legislative Assembly, Orathanadu and the President of Kaliyarayanviduthi Village have also made a request to the District Collector, Pudukkottai / 9th respondent to open the Direct Procurement Centers in the above said four places. Apprehending inaction and since the harvest season is fast approaching, the petitioner has moved the present writ petition.

4. Heard the learned Counsel appearing for the respective parties.

5. It is represented by Mr.H.Arumugam, learned Standing Counsel appearing for the respondents 8 & 11 that there is no such post as Chief Manager, Tamil Nadu Civil Supplies Corporation, Kilpauk, Chennai, and it is only the General Manager, Tamil Nadu Civil Supplies Corporation, Kilpauk, Chennai. In view of the same, the 8th respondent is suo-motu amended as General Manager, instead of Chief Manager.

6. With regard to the contention of the petitioner that four Direct Procurement Centres have been closed, the learned Standing Counsel appearing for the respondents 8 & 11 would submit that at Kaliyarayanviduthi alone, there is a permanent procurement centre. He would further submit that the Deputy Director, Agriculture Department, by proceedings dated 01.10.2020, has recommended to the District Collector / 9th respondent to open the procurement centres at Kattathi, Pattuviduthi and Nellayadikollai, in view of the ensuing harvesting season, commencing from January, 2021. 3/5

7. In view of the submission made by the learned Standing Counsel appearing for the respondents 8 & 11, this writ petition is disposed of, with a direction to the 9th respondent / District Collector to take a decision on the recommendation of the Deputy Director, Agriculture Department, within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(AE) // True Copy // / /2020 Sub Assistant Registrar(CS) gk To 1.The Principal Secretary to Government, Ministry of Agriculture and Farmers Welfare, Union of India, Krishi Bhawan, New Delhi - 110 001.

3.The Chairman, Food Corporation of India, 16 - 20, Basakhama Lane, New Delhi.

4.The General Manager, National Bank for Agricultural and Rural Development, State Project Department, G-Block, Bandra - Kurla Complex, Bandra (East), Mumbai - 400 051.

5.The Principal Secretary to Government, Department of Agriculture, State of Tamil Nadu, 4/5

6.The Principal Secretary to Government, Department of Food and Civil Supplies, State of Tamil Nadu, 7.The Principal Secretary to Government, Department of Rural Development & Panchayat Raj, State of Tamil Nadu, 8.The General Manager, Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai - 600 010.

9.The District Collector, Pudukkottai.

10.The District Supply Officer, Office of the District Collector, Pudukkottai.

11.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Pudukkottai.

+1 CC to M/s.P.SUBBIAH, Advocate ( SR-25900[F] dated 17/12/2020 ) +1 CC to M/s.M.ASHOK KUMAR, Advocate ( SR-25943[F] dated 17/12/2020 ) +1 CC to M/s.GP ( SR-26025[F] dated 17/12/2020 ) +1 CC to M/s.H.ARUMUGAM, Advocate ( SR-26293[F] dated 18/12/2020 ) 16.12.2020 PM(CO) TR(29.12.2020) 5P 16C 5/5