NILGIRI BOUGHT LEAF TEA MANUFACTURERS ASSOCIATION Vs. UNION OF INDIA; TEA BOARD OF INDIA; EXECUTIVE DIRECTOR; DEPUTY DIRECTOR OF TEA DEVELOPMENT, TEA BOARD OF INDIA; ASSISTANT DIRECTOR OF TEA DEVELOPMENT, TEA BOARD OF INDIA; R AMBALAVANAN, EXECUTIVE DIRECTOR, TEA BOARD OF INDIA; NILGIRI NELIKOLU MICRO

JUDGEMENT

(1.) The petitioner is an association of small factory owners, who buy green tea leaf from small tea growers. They manufacture what is known as "Made Tea". They have come up with the above writ petition seeking the issue of a writ of mandamus to direct the respondents 1 and 2, while exercising the powers conferred under the Tea Act, 1953 to redress the grievances of the petitioner in relation to the alleged arbitrary action on the part of the 6th respondent with reference to the non-adherence to the procedure prescribed for inspection and sampling etc.

(2.) I have heard Mr.R.Muthukumarasamy, learned Senior Counsel for the petitioner, Mr.G.Rajagopalan, learned Additional Solicitor General, for the first respondent, Mr.V.Parthiban, learned counsel appearing for the respondents 2 to 6 and Mr.R.Sivakumar, learned counsel appearing for the petitioner in M.P.No.6 of 2014, on behalf of the society representing the Small Tea Growers, seeking to implead themselves as parties to the writ petition.

(3.) The petitioner is an association of the owners of Private Small Scale Factories. They buy green tea leaf from small tea growers. From the green tea leaves that they buy, they manufacture what is known as "Made Tea", which is also referred as Black Tea, that are sold in auctions conducted in Coonoor and in Coimbatore and Cochin. The tea industry is regulated by the provisions of the Tea Act, 1953 and various Control Orders issued under the Act such as Tea (Marketing) Control Order and Tea (Distribution and Export) Control Order, 2005 etc. Those Control Orders are issued under Section 30 of the Tea Act, 1953.