Madras High Court
Bannariamman Sugar Mills Ltd vs Mangalam on 4 September, 2023
W.A. Nos.533, 534 and 535 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 04.09.2023
CORAM:
THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR. JUSTICE P.B.BALAJI
W.A. Nos.533, 534 and 535 of 2019
and MP.Nos.1, 1 and 1 of 2013
W.A.No.533 of 2013
Bannariamman Sugar Mills Ltd.,
Rep. by its Managing Director,
Kozhunthampatti Village,
Thandarampattu Taluk,
Thiruvannamalai District. .. Appellant
Vs.
1. Mangalam, Naidumangalam, Thurinjapuram,
Firka Karumbu Vivasayigal Sangam,
Regd.No.194/09,
Rep. by its President Mr.R.Jayaprakash
2. The Commissioner of Sugars and
Cane Commissioner, Periyar Building,
Anna Salai, Chennai 600 035.
3. The District Collector,
Thiruvannamalai District,
Thiruvannamalai.
4. Dharani Sugars and Chemicals Limited,
Rep. by its Managing Director,
Having Registered Office at
Polur Taluk, Tiruvannamalai District.
Page No.1 / 10
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W.A. Nos.533, 534 and 535 of 2019
5. V.Viswanathan
6. D.Elumalai
7. V.Dhamodaran
8. K.Ranganathan
9. C.Ramasamy
10.R.Elumalai
11.M.Arumugam
12.M.Sekar
13.M.N.Mannu
14.A.Pachaiyappan
15.C.Murugan
16.K.Kannan
17.V.Rajagopal
18.P.Sekar
19.M.Govindasamy
20.R.Tamilselvan
21.P.Shanmugam
22.T.Masilamani
23.A.P.N.Mohan
24.K.Parasuraman
25.G.Nallanan
26.G.Jayaraman
27.G.Velayutham .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 28.02.2013 in WP.No.29158 of 2012 passed by the learned
Single Judge of this Court.
For appellant : Mr.Prahalat Bhat
for Mr.Rahul Balaji
For respondents
for RR1 & 4 : Mrs.P.T.Ramadevi
for RR2 & 3 : Mr.S.Silambanan, AAG
asst. by Mrs.P.Raja Rajeswari, G.A.
for RR5 to 27 : Not ready notice
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W.A. Nos.533, 534 and 535 of 2019
W.A.No.534 of 2013
Bannari Amman Sugar Mills Limited,
Rep. by its Managing Director,
Kolundampattu Village,
Thandarampattu Taluk,
Thiruvannamalai District. .. Appellant
Vs.
1. Dharani Sugars and Chemicals Limited,
Having Registered Office at
PGP House, No.57, Sterling Road,
Nungambakkam, Chennai 600 034.
2. The Commissioner of Sugar and
Cane Commissioner, Periyar Building,
Anna Salai, Nandanam, Chennai 600 035.
3. The District Collector,
Thiruvannamalai District,
Thiruvannamalai.
4. R.Tamil Selvan
5. T.Masilamani
6. P.Shanmugam
[R4 to R6- impleaded as per the order dated
06.11.2012 in MP.Nos.3, 4 & 5 of 2012
in WP.No.29157 of 2012]
7. V.Viswanathan
8. D.Elumalai
9. V.Dhamodaran
10.K.Ranganathan
11.C.Ramasamy
12.R.Elumalai
13.M.Arumugam
14.M.Sekar
15.M.N.Mannu
16.A.Pachaiappan
17.C.Murugan
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W.A. Nos.533, 534 and 535 of 2019
18.K.Kannan
19.V.Rajagopal
20.P.Sekar
21.M.Govindasamy
[R7 to R21 impleaded as per order dated
20.11.2012 in MP.No.6 of 2012 in
WP.No.29157 of 2012]
22.Karumbu Vivasayigal Sangam
Aruachalam Sakarai Aalai
Regd. No.267/2012,
Rep. by President M.R.Kuberan
23.A.P.N.Mohan
24.K.Parasuraman
25.G.Nallannan
26.G.Jayaraman
27.G.Velayutham .. Respondents
[R22 to R27 impleaded as per the order
dated 04.01.2023 in MP.Nos.4 & 5 in
WP.Nos.29158 of 2012, MP.Nos.7 to 9 of 2012
in WP.No.29157 of 2012]
Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 28.02.2013 in WP.No.29157 of 2012 passed by the learned
Single Judge of this Court.
For appellant : Mr.Prahalat Bhat
for Mr.Rahul Balaji
For respondents
for RR1 : Mrs.P.T.Ramadevi
for RR2 & 3 : Mr.S.Silambanan, AAG
asst. by Mrs.P.Raja Rajeswari, G.A.
for RR4 to 27 : Not ready notice
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W.A. Nos.533, 534 and 535 of 2019
W.A.No.535 of 2013
Bannariamman Sugar Mills Ltd.,
Rep. by its Managing Director,
Kozhunthampatti Village,
Thandarampattu Taluk,
Thiruvannamalai District. .. Appellant
Vs.
1. Mangalam, Naidumangalam, Thurinjapuram,
Firka Karumbu Vivasayigal Sangam,
Regd.No.194/09,
Rep. by its President Mr.A.K.Ranganathan
2. The Commissioner of Sugars and
Cane Commissioner, Periyar Building,
Anna Salai, Nandanam, Chennai 600 035.
3. Dharani Sugars and Chemicals Limited,
Polur Taluk, Thiruvannamalai District.
4. Karumbu Urpathiyalargal Nala Sangam,
Arunachalam Sugar Mill,
(Regd.No.15/2006)
55-B, Mathalangula Street, Thriuvannamalai.
Rep. by its President Artheeswari R.Rajendran
(R4 impleaded as per order dated 24.02.2010
in MP.No.1/2010 in WP.No.27465/2009) .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 28.02.2013 in WP.No.27465 of 2009 passed by the learned
Single Judge of this Court.
For appellant : Mr.Prahalat Bhat
for Mr.Rahul Balaji
For respondents
for RR1 & 4 : Mrs.P.T.Ramadevi
for R2 : Mr.S.Silambanan, AAG
asst. by Mrs.R.L.Karthika, G.A.
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W.A. Nos.533, 534 and 535 of 2019
COMMON JUDGMENT
(The Judgment of the Court was delivered by D.KRISHNAKUMAR, J)
Challenging the order dated 28.02.2013 passed by the learned Single
Judge of this Court in WP.Nos.27465 of 2009, 29157 and 29158 of 2012,
the present appeals have been filed.
2. The Commissioner of Sugar made allotment of firkas viz.,
Mangalam, Thirunjapuram and Naidumangalam Firkas to the Mills in
Thiruvannamalai District. Aggrieved over the same, the above Writ
Petitions were filed, which was allowed by the learned Single Judge of this
Court dated 28.02.2013. Challenging the same, the present appeals have
been filed.
3. It is submitted by the learned counsel for the appellants that the
Dharani Sugars and Chemicals Limited has now become defunct and it is
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W.A. Nos.533, 534 and 535 of 2019
not operating the Mill. Therefore, the Commissioner of sugar reallotted the
Firkas to other Mills. Hence, the prayer sought for in this appeal has become
infructuous.
4. At this juncture, learned Additional Advocate General assisted by
Mrs.P.Raja Rajeswari, learned Government Advocate, appearing for the
respondents 2 and 3 has placed a proceedings of the Commissioner of Sugar
dated 06.07.2021 in Rc.No.261/Cane2/2019 and submitted that the
Commissioner has made a temporary declaration of command area of
Dharani Sugars and Chemicals Limited as common area to nearby sugar
mills to facilitate the sugarcane registration during 2020-21 planting season.
The relevant paragraph of the said order reads as follows:
"In view of the above facts and circumstances and considering
the request of Farmers Associations, individual sugarcane
farmers, and requests received from the sugar mills, the
command area of Dharani Sugars & Chemicals Ltd.,
Karaippondi is temporarily demarcated as common area to
Ambur CSM, Cheyyar, Tirupathur CSM, Subramaniya Siva
CSM and Vellore CSM, Bannariamman Sugars,
Kolunthampattu and Rajshree Sugars, Semmedu, to register
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W.A. Nos.533, 534 and 535 of 2019
the sugarcane available for 2020-21 planting season either
with Co-operative/Public Sector Sugar Mills or with Private
Sector Sugar Mills according to their choice based on the
services and timely cane payment extended by the sugar mills
subject to certain conditions."
5. In the light of the above, this Court is of the view that no further
adjudication is required in the present appeals. Hence, the Writ Appeals are
dismissed as infructuous. However, if any person is aggrieved upon the
above proceedings dated 06.07.2021, it is open to them to approach the
authority concerned. No costs. Consequently, connected miscellaneous
petitions are closed.
[D.K.K., J] [P.B.B., J.]
04.09.2023
Speaking order: Yes/No
Index : Yes/No
pvs
To
1. The Commissioner of Sugars and
Cane Commissioner, Periyar Building,
Anna Salai, Chennai 600 035.
2. The District Collector,
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W.A. Nos.533, 534 and 535 of 2019
Thiruvannamalai District, Thiruvannamalai.
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W.A. Nos.533, 534 and 535 of 2019
D.KRISHNAKUMAR, J.
and
P.B.BALAJI, J.
pvs
W.A. Nos.533, 534 and 535 of 2019
04.09.2023
https://www.mhc.tn.gov.in/judis
