The Virudhunagar Coriander vs State Of Tamil Nadu
2023 Latest Caselaw 3860 Mad

                                                                             W.P.Nos.5789, 5807 of 2004
                                                                              & 37121 to 37124 of 2006

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 06.04.2023

                                                         CORAM

                            THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                    W.P.Nos.5789, 5807 of 2004 & 37121 to 37124 of 2006
                                                            and
                                   W.V.M.P.No.1232 of 2004, M.P.Nos.6778 & 6788 of 2004,
                                                       3 & 3 of 2006

                     W.P.No.5789 of 2004:

                     The Virudhunagar Coriander
                     Seeds Merchant's Association,
                     Represented by its Secretary,
                     Virudhunagar.                                           ... Petitioner

                                                           Vs.

                     1.State of Tamil Nadu,
                       rep. by its Secretary to Government,
                       Agricultural Department,
                       Fort St. George,
                       Chennai – 600 009.

                     2.The Commissioner of Agricultural Marketing,
                       Guindy,
                       Chennai – 600 032.

                     3.The Secretary,
                       Ramanathapuram Market Committee,
                       at Virudhunagar.                                      ... Respondents

https://www.mhc.tn.gov.in/judis W.P.Nos.5789, 5807 of 2004 & 37121 to 37124 of 2006

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents from levying and collecting fee in respect of Coriander under the provisions of the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987 and the Rules made there under or in the case of Bye-laws in the Ramanathapuram and surrounding notified areas including to launch prosecution or any penal drastic action.

                                        For Petitioners          : Mr.G.Sankaran
                                                                   Senior Counsel
                                                                   For Mr.S.Nedunchezliyan
                                                                   (in all WPs)

                                        For R1 & R2              : Mr.P.Sanjay Gandhi
                                                                   Government Advocate
                                                                   (in all WPs)

                                        For R3                   : Mr.P.Navaneetha Krishnan
                                                                   (in all WPs)


                                                      COMMON ORDER

The writ on hand has been instituted seeking the relief to forbear the

respondents from levying and collecting fee in respect of Coriander under the

provisions of the Tamil Nadu Agricultural Produce Marketing (Regulation)

Act, 1987 and the Rules made there under or in the case of Bye-laws in the

Ramanathapuram and surrounding notified areas including to launch

prosecution or any penal drastic action.

https://www.mhc.tn.gov.in/judis W.P.Nos.5789, 5807 of 2004 & 37121 to 37124 of 2006

2. The petitioner is the Virudhunagar Coriander Seeds Merchant's

Association.

3. The learned Senior Counsel appearing on behalf of the writ

petitioners mainly contended that the Government issued G.O.Ms.No.1635

Agriculture (AM-II) Department dated 27.09.1977, declaring coriander as

notified agricultural produce for Ramanathapuram composite District.

Thereafter, the Government issued G.O.Ms.No.877, Agriculture (AM-II)

Department dated 26.04.1984 rescinding the notification dated 27.09.1997 in

respect of coconut and coriander under Section 4(1) of the Tamil Nadu

Agriculture Produce Marketing Act.

4. The learned Senior counsel appearing on behalf of the petitioners

reiterated that the said Government order was cancelled in G.O.Ms.No.312

and the G.O.Ms.No.359, dated 10.05.1991 and 30.06.1995 respectively. The

contentions of the petitioners are that they are not liable to pay marketing fee

as levy.

https://www.mhc.tn.gov.in/judis W.P.Nos.5789, 5807 of 2004 & 37121 to 37124 of 2006

5. The learned Senior Counsel for the petitioners mainly contended

that de-notifying the produce namely coriander and thereafter restoring the

same would cause prejudice to the interest of the petitioner / Association.

6. It is contended that the respondents cannot levy and collect the fee

in respect of the coriander under the provisions of the Act in view of the

notifications issued and cancelled subsequently. Ultimately, the petitioner

states that the levy and collection of fee in respect of coriander is untenable.

7. The learned counsel appearing on behalf of the respondents brought

to the notice of this Court that several developments occurred during the

pendency of the writ petition. The Government issued various orders in the

year 1995 and thereafter, a notification was issued on 27.05.2014 in

G.O.Ms.No.64, Agriculture (AM-II) Department. As per the revised

notification, the members of the petitioner Association are liable to pay the

marketing fee as per the Government notification.

8. The learned senior counsel brought to the notice of this Court that

even in the year 2022, the Government issued order in G.O.Ms.No.84,

https://www.mhc.tn.gov.in/judis W.P.Nos.5789, 5807 of 2004 & 37121 to 37124 of 2006

Agricultural and Farmers Welfare Department, dated 23.04.2022. Pursuant to

the government order, a Committee was constituted and if at all the

petitioners are aggrieved, they have to submit their objections before the

Committee constituted by virtue of G.O.Ms.No.84, Agricultural and Farmers

Welfare Department, dated 23.04.2022. Regarding payment of marketing fee,

the learned counsel for the respondents brought to the notice of this Court

that the issue was considered by this Court in W.P.Nos.13147 and 13148 of

2013 and the judgment was delivered on 06.09.2018 reported in [CDJ 2018

MIIC 5084]. The provisions of the Act and Rules were considered by this

Court and it is held that the petitioners therein are liable to pay marketing fee

as per the rules in force.

9. Writ Appeals in W.A.Nos.1427 and 1429 of 2019 was filed and the

Hon’ble Division Bench of this Court confirmed the said judgment on

24.04.2019 reported in [CDJ 2019 MHC 1971]. Therefore, the petitioners are

liable to pay the marketing fee.

https://www.mhc.tn.gov.in/judis W.P.Nos.5789, 5807 of 2004 & 37121 to 37124 of 2006

10. May that as it be, if at all any grievances exist for the petitioners

they are at liberty to file their objections before the Committee constituted by

the Government. However, the relief as such sought for cannot be granted.

11. If any due arises on account of the interim order granted by this

Court or otherwise, the respondents are bound to recover the same in the

manner known to law. Accordingly, these Writ Petitions stand dismissed. No

costs. Connected Miscellaneous Petitions are closed.

12. In view of the dismissal of the writ petition, there is no impediment

for the respondents to recover the arrears if any to be collected in accordance

with the Act and Rules.

06.04.2023

Jeni Index : Yes Speaking order Neutral Citation : Yes

https://www.mhc.tn.gov.in/judis W.P.Nos.5789, 5807 of 2004 & 37121 to 37124 of 2006

To

1.The Secretary to Government, State of Tamil Nadu, Agricultural Department, Fort St. George, Chennai – 600 009.

2.The Commissioner of Agricultural Marketing, Guindy, Chennai – 600 032.

3.The Secretary, Ramanathapuram Market Committee, at Virudhunagar.

https://www.mhc.tn.gov.in/judis W.P.Nos.5789, 5807 of 2004 & 37121 to 37124 of 2006

S.M.SUBRAMANIAM, J.

Jeni

W.P.Nos.5789, 5807 of 2004 & 37121 to 37124 of 2006

06.04.2023

https://www.mhc.tn.gov.in/judis