P. AYYAKANNU Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) A. Prelude : <IMG>JUDGEMENT_70_LAWS(MAD)4_2023_1.jpg</IMG>

(2.) This public interest litigation is filed by one P.Ayyakannu, the State President of an agriculturists' association. Objections to the maintainability of the public interest litigation have been raised by both the Liquidator of Thiru Arooran Sugars Limited and also the new entity, which is going to run the said sugar mill, namely, The Kals Distilleries Private Limited, the fourth and fifth respondents herein. Their preliminary objection is that when the affected farmers themselves have taken part in the Committee of Creditors meeting and other proceedings before the National Company Law Tribunal (NCLT), Chennai and had accepted for 57% of the Fair and Remunerative Price (FRP), contrary to their will the public interest litigation is unnecessarily filed by the writ petitioner. In response thereof, when this Court raised the said query to the petitioner and directed him to get affidavits from the affected farmers, the petitioner has filed statements duly signed by large number of farmers along with their Membership number, Village and the balance amount due to them.

(3.) The brief facts which can be culled out from the pleadings before this Court on behalf of the petitioner as well as the respondents are as follows: