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Madras High CourtWP(MD)/19658/2019disposed of

Tyd 1206 Kodiyankulam Milk Producers v. The District Collector

2019-09-13Honourable Mr Justice M. Govindaraj3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2019

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ TYD 1206, Kodiyankulam Milk Producers Cooperative Society Ltd., Kodiyankulam, Ottapidaram Taluk, Tuticorin District, rep.by its President M.Kalaiselvi.

... Petitioner vs.

1.The District Collector, Tuticorin District, Tuticorin.

2.The Deputy Registrar (Dairy), Office of the Deputy Registrar Office, Tuticorin, Tuticorin District.

3.The Aavin General Manager, Tirunelveli, Tirunelveli District.

4.The President, Tirunelveli District Cooperative Milk Producers Union Ltd., Tirunelveli District, Tirunelveli.

5.The Senior Inspector (Dairy), O/o.Senior Inspector (Dairy), Tuticorin, Tuticorin District.

6.The President, TUD 18, Adhi Dravida Milk Producers Cooperative Society Ltd., Kodiyankulam, Ottapidaram Taluk, Tuticorin District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 to 5 to consider the petitioner's representations dt.8.8.2019 and 31.8.2019 and to take appropriate action upon the above representation for restraining the operations of the 6th respondent society within the operational limit of the existing petitioner society within the time limit that may be stipulated by this Court.

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For Petitioner : Mr.M.S.Jeyakarthik For Respondents 1, 2 & 5 : Mrs.J.Padmavathi Devi Special Government Pleader For Respondents 3 & 4 : Mr.Aayiram K.Selvakumar

O R D E R

This Writ Petition is filed seeking direction to the respondents 1 to 5 to consider the petitioner's representations dated 08.08.2019 and 31.08.2019 and to take appropriate action for restraining the operations of the 6th respondent society within the operational limit of the existing petitioner society. 2.Mrs.J.Padmavathi Devi, learned Special Government Pleader, takes notice on behalf of the respondents 1, 2 and 5 and Mr.Aayiram K.Selvakumar, learned counsel takes notice on behalf of the respondents 3 and 4. In view of the order going to be passed, no notice is required to the 6th respondent.

3.The petitioner is a Milk Producers Cooperative Society. They are operating within Kodiyankulam area, whereas, another society came to be registered in the very same area. Therefore, the petitioner submitted the representations dated 08.08.2019 and 31.08.2019, raising its objections regarding formation of the new society, which will adversely affect the producers of the milk society. The said representations are pending with the second respondent without passing any orders. Hence, the petitioner is before this Court.

4.Considering the facts and circumstances of the case, the second respondent is directed to consider the objections raised by the petitioner in the representation dated 31.08.2019 and pass appropriate orders within a period of two weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the parties concerned.

5.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) mj 2/3

To 1.The District Collector, Tuticorin District, Tuticorin.

2.The Deputy Registrar (Dairy), Office of the Deputy Registrar Office, Tuticorin, Tuticorin District.

3.The Senior Inspector (Dairy), O/o.Senior Inspector (Dairy), Tuticorin, Tuticorin District.

+1 CC to SPL GP SR-86943.

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate SR-86608. +1 CC to M/s.AAYIRAM K.SELVAKUMAR, Advocate SR-86629. CS(04.10.2019) 3P 7C 3/3