Arivoli Magalir Iyakkam, v. The Principal Secretary To
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)Nos.4406, 4408, 4410, 4412, 4414, 4416, 4418, 4420, 4422, 4424, 4426, 4428, 4430, 4432, 4434 of 2017 W.P.(MD)No.5524 of 2017 Arivoli Magalir Iyakkam Karunakkanmuthanpatti, Uthamapalayam Taluk, Theni District, Rep. by its Secretary, D.Suthanthira Devi, W/o.K.Gopal ... Petitioner versus
1. The Principal Secretary to Government, Co-operation, Food and Consumer Protection Department, Fort St. George, Chennai.
2. The Registrar of Co-operative Societies, No.17, E.V.R.Salai, Keelpakkam, Chennai - 10.
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3. The Joint Registrar of Co-operative Societies, Theni.
4. The District Supply Officer, Theni District, Theni.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorari, to call for the records pertaining to the impugned Government Order of the 1st respondent in G.O.(Ms.)No.24, Co-operation, Food and Consumer Protection Department dated 14.02.2017 and quash the same. For Petitioner : Mr.R.Gowrishankar For Respondents : Mr.M.Sarangan, Additional Government Pleader COMMON ORDER The petitioners are representatives of women's self-help groups, which are running fair price shops in Theni District. The Government, vide G.O.Ms.No.237, dated 20.07.1995, has permitted the Public 2/8
Distribution System through women's self-help groups in rural areas. Accordingly, the petitioners' self-help groups were recognized in Theni District and permitted to run fair price shops. The petitioners are running fair price shops from the year 2003 onwards. Now, the petitioners have filed these writ petitions as against G.O.(Ms.)No.24, Co-operation, Food and Consumer Protection Department dated 14.02.2017, stating that the Government, by the impugned Government Order, is attempting to transfer the fair price shops run by the women's self-help groups to the Co-operative Societies.
2. The learned counsel for the petitioners, by referring to the report of Wadhwa Committee, submits that the decision to transfer the fair price shops to the self-help groups was taken by the Government, vide G.O.Ms.No.237 dated 20.07.1995, pursuant to the recommendation of the Wadhwa Committee. However, the Government, by the impugned G.O.Ms.No.24 dated 14.02.2017, directed to transfer the control of fair price shops run by women's self3/8
help groups to the Co-operative Societies. He further submits that the earlier decision was taken by the Government with a view to empower the women entrepreneurs and women's self help groups in rural areas and now, by the impugned G.O.(Ms.)No.24, the object for which it was introduced in the year 1995 is taken away. The learned counsel for the petitioner further submits that there is a proper mechanism available as on date to monitor the fair price shops run by the self-help groups and there is no order required to entrust the monitoring mechanism to the Co-operative Societies.
3. The learned Additional Government Pleader appearing for the respondents, by referring to the counter affidavit filed by the Deputy Secretary to the Government, Co-operation, Food and Consumer Protection Department, Chennai, submits that the writ petition has been filed on the misconception that the Government is attempting to transfer the fair price shops run by the petitioners' self help groups to the Co-operative Societies. The Government is not intending to 4/8
transfer the fair price shops to the Co-operative Societies by the impugned Government Order. It is only to ensure a proper public distribution of essential commodities to family card holders by introducing an inspection mechanism through the Government Order. According to the learned Additional Government Pleader, by the impugned Government Order, certain powers have been conferred on the Registrar of Co-operative Societies to conduct inspection on the public distribution shops, run by the women's self-help groups and not to transfer the public distribution shops run by the women's self-help groups to the Co-operative Societies.
4. This Court considered the rival submissions made.
5. The petitioners' self-help groups have been recognized for running fair price shops in the year 2003 and they were running the fair price shops for the past two decades. The Commissioner of Civil Supplies and Consumer Protection Department has sent a proposal to 5/8
the Government that public distribution shops run by the women's selfhelp groups require a monitoring mechanism and therefore, requested the Government to transfer 517 Public Distribution Shops run by the women's self-help groups to the Co-operative Societies. However, the Government has partially accepted the recommendation of the Commissioner, by permitting the Co-operative Societies initially to have a monitoring mechanism on the fair price shops run by self-help groups and also by the District Supply Officer. As rightly pointed by the learned Additional Government Pleader, the petitioners, under wrong impression that the fair price shops run by the petitioners' selfhelp groups would be transferred to the Co-operative Societies, have filed these writ petitions.
6. In view of the submission made by the learned Additional Government Pleader that the Government is not intending to transfer the fair price shops run by the petitioners' self-help groups to the Co-operative Societies and is not having any inclination to disturb the 6/8
self-help groups from running the fair price shops, these writ petitions are closed. No costs. Consequently, connected miscellaneous petitions are closed.
03.01.2024 ogy NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
To
1. The Principal Secretary to Government, Co-operation, Food and Consumer Protection Department, Fort St. George, Chennai.
2. The Registrar of Co-operative Societies, No.17, E.V.R.Salai, Keelpakkam, Chennai - 10.
3. The Joint Registrar of Co-operative Societies, Theni.
4. The District Supply Officer, Theni District, Theni.
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B.PUGALENDHI, J.
ogy 03.01.2024 8/8