PADALAM COOPERATIVE SUGAR MILLS CANE GROWERS ASSOCIATION Vs. SECRETARY TO GOVERNMENT INDUSTRIES DEPARTMENT

JUDGEMENT

(1.) Aggrieved by the proceedings of the Commissioner of Sugars, Chennai dated 09.11.2002, Padalam Cooperative Sugar Mills Cane Growers Association, Salavakkam through its President K.P. Janakiraman has filed W.P.No.44755 of 2002 to quash the same and direct the respondents 1 to 3 to transfer the adjoining sugar area of Maduranthagam Sugar Mills Ltd., for the purpose of permitting farmers to plant and harvest sugar cane to M/s. S.V. Sugar Mills Ltd., situated in Kancheepuram District, instead of Cheyyar Cooperative Sugar Mills, Thiruthani Cooperative Sugar Mills. Maduranthakam Cooperative Sugar Mill Area Cane Growers Association through its General Secretary has preferred W.P.No.2443 of 2003, challenging the very same order on the same grounds.

(2.) The case of the Cane Growers Association as stated in W.P.No.44755 of 2002 is briefly stated hereunder: The petitioner Association has been formed to protect the interest of the Cane Growers, who are farmers supplying sugar cane to Padalam Cooperative Sugar Mills, which is functioning in the name of Maduranthagam Cooperative Sugar Mills situated at Padalam, Kancheepuram District. Padalam Cooperative Sugar Mills was started in the year 1960 and has been continuously functioning up to the year 1999-2000. Due to financial crunch, the Mill was not able to crush the entire sugar cane planted in the area allotted to the said Mills. Due to the said difficulty faced by the Sugar Mill, sugar cane from the area were diverted to other Sugar Mills situated in Chingleput District as well as other Districts.

(3.) During the cane year 2001-2002, the Maduranthagam Cooperative Sugar Mills did not function at all. The employees of the said Mills were either laid off or transferred to some other Cooperative Sugar Mills. In such a situation, the sugar cane grown in the area of the said Mill were diverted to other Sugar Mills, such as S.V. Sugar Mills, Kancheepuram Taluk and the Cooperative Sugar Mills situated at Thiruthani and Cheyyar. The S.V. Sugar Mills situated at Palayaseevaram, near Kancheepuram is closer to the Madhuranthagam Sugar Mill area and the other two Cooperative Sugar Mills are situated at far off places. The Thiruthani Cooperative Sugar Mills and Cheyyar Cooperative Sugar Mills are already having sufficient supply of sugar cane and crushed more than the capacity in many seasons and will not be interested in drawing the cane from the members of the petitioner Association. The members of the Maduranthangam Cooperative Sugar Mills have already made a representation to the Commissioner of Sugar to reorganise certain areas to S.V. Sugar Mills. Without considering all the required details and without taking into consideration of the interest of the framers and cane growers of Madhuranthagam Cooperative Sugar Mills area, the Commissioner of Sugar has passed an order in his proceedings dated 09.11.2002, temporarily transferring certain areas from Maduranthagam Cooperative Sugar Mills, Kacnheepuram District and temporarily allotting them to Tiruthani Cooperative Sugar Mills, Tiruvalangadu and Cheyyar Cooperative Sugar Mills Ltd., Tiruvannamalai District from 2002-2003 season. Since the said order has been passed without taking into consideration of the representation, which is highly arbitrary and also in violation of principles of natural justice, having no other effective remedy, approached this Court. Similar averments have been made in W.P.No.2443 of 2003.