LAWS(MAD)-2012-7-129

PADMAVATHI MODERN RICE MILL REP BY ITS PROPRIETOR B GANGATHARAN Vs. GOVERNMENT OF PUDUCHERRY REP BY ITS JOINT SECRETARY

Decided On July 17, 2012
PADMAVATHI MODERN RICE MILL REP BY ITS PROPRIETOR B GANGATHARAN Appellant
V/S
GOVERNMENT OF PUDUCHERRY REP BY ITS JOINT SECRETARY Respondents

JUDGEMENT

(1.) THE petitioners, who are rice mill owners, have invoked the writ jurisdiction with a prayer for issuance of a writ in the nature of Certiorari to quash the notification issued vide G.O.38 dated 27.03.2012, being illegal, incompetent, unconstitutional and without jurisdiction.

(2.) THE Director, Department of Civil Supplies and Consumer Affairs, Puducherry, entered into a statutory contract with the Millers for procurement of single boiled rice under Clause-3 of Puducherry Paddy and Rice Procurement (levy) Order 1996.

(3.) THE Government of Puducherry issued G.O.17 dated 18.08.2010 to enforce fifty percent levy on licensed Millers, wherein it was stipulated THAT; i)Food Corporation of India (FCI) will be the agent of Union of Puducherry for procurement of rice from the rice Millers. ii)the rice will be procured at the rate fixed by the Government of India from time to time for each season and the FCI was to pay procurement price to Millers. iii)the licensed rice Millers were obliged to deliver fifty percent of the total production as mill levy to FCI. The FCI was to make arrangement for procurement of 61,000 metric tonnes of single boiled rice as per the specification approved by the Government of India. The Millers were also directed to deliver 17,000 metric tonnes of single boiled rice for KMS 2009-2010. iv)the committee was also constituted to fix the mill wise target