Madras High Court
M/S.Rajshree Sugars & Chemicals ... vs Karumbu Vivasaigal Sangam on 4 September, 2023
W.A. No.773 of 2013
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. No.773 of 2013
and MP.No.1 of 2013
M/s.Rajshree Sugars & Chemicals Ltd.,
Rep. by its Managing Director,
Semmedu Village, Gingee Taluk,
Villupuram District. .. Appellant
Vs.
1. Karumbu Vivasaigal Sangam,
Arunachalam Sarkarai Alai,
Thiruvannamalai,
Reg.No.267/2012,
Rep. by President,
Mr.M.R.Kuberan,
Malappambadi Village,
Thiruvannamalai Taluk,
Thiruvannamalai District.
2. The Director of Sugars and Cane Commissioner,
Periyar Building,
Anna Salai, Nandanam, Chennai 600 035.
3. M/s.Arunachalam Sugars Ltd.,
Rep. by its Managing Director,
Malappampadi, Thiruvannalai Taluk,
Thiruvannalai District. .. Respondents
Page No.1 / 5
https://www.mhc.tn.gov.in/judis
W.A. No.773 of 2013
Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 28.02.2013 in WP.Nos.27465 of 2009, 8909 of 2010, 29157,
29158 and 31223 of 2012 passed by the learned Single Judge of this Court.
For appellant : Mr.Krishna Srinivasan,
Senior Counsel
For respondents
for R2 : Mr.S.Silambanan, AAG
assisted by Mr.K.Tippu Sultan, G.A.
JUDGMENT
(The Judgment of the Court was delivered by D.KRISHNAKUMAR, J)
The first respondent/Karumbu Vivasaigal Sangam has filed the Writ
Petition in WP.No.31223 of 2012 with the following prayer:
seeking for a direction to the Cane Commissioner to reserve
Sugarcane areas permanently, in respect of sugarcane areas
which was earlier reserved to M/s.Arunachalam Sugar Mills
Limited, instead of passing temporarily allotment orders.
2. According to the appellant, the said Writ Petition was filed with the
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W.A. No.773 of 2013
aforesaid prayer for permanent allotment of firkas. However, the learned
Single Judge due to the oversight has temporarily allotted the Somasipadi
and Keelpennathur firkas to the appellant.
3. Further, though the Vettavalam firka was temporarily allotted to
the appellant periodically, and the M/s.Arunachalam Sugar Mills Limited
suspended its operation from 2003-2004, the learned Single Judge ought to
have allotted the Vettavalam firka to the appellant instead of directing the
Commissioner of Sugar to allot the same to some other Sugar Mills based
on the recommendation of the Area Delimitation Committee.
4. In reply, the learned Additional Advocate General appearing for
the second respondent submitted that they have no objection for allotting
the Somasipadi, Keelpennathur and Vettavalam firkas to the appellant.
5. In the light of the above submission of the learned Additional
Advocate General for the second respondent, this Court directs the
Commissioner to consider about the permanent allotment of Firkas, viz.,
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W.A. No.773 of 2013
Vetavalam firka, Somasipadi and Keelpennathur to the appellant Mill as
early as possible within a period of 12 weeks.
6. Accordingly, this Writ Appeal is disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
[D.K.K., J] [P.B.B., J.]
04.09.2023
Speaking order: Yes/No
Index : Yes/No
pvs
To
The Director of Sugars and Cane Commissioner,
Periyar Building,
Anna Salai, Nandanam,
Chennai 600 035.
https://www.mhc.tn.gov.in/judis
W.A. No.773 of 2013
D.KRISHNAKUMAR, J.
and
P.B.BALAJI, J.
pvs
W.A. No.773 of 2013
04.09.2023
https://www.mhc.tn.gov.in/judis
