M SHYAMALA AMMAL Vs. SECRETARY FPD MINISTRY OF CONSUMER AFFAIRS FOOD AND PUBLIC DISTRIBUTION GOVERNMENT OF INDIA NEW DELHI

JUDGEMENT

(1.) THE writ petition was preferred by the petitioner for issuance of a writ of mandamus directing the 5th respondent to make payments to all its registered cane growers at the statutory minimum rate for the year 2003-2004, i.e., Rs.730/MT for 8.5% return with proportionate rate based on the percentage of return. Further prayer was made to direct the respondent to pay interest @ 15% p.a. for the period from October, 2003.

(2.) THE writ petition was preferred in the year 2007. THE matter relates to payment of statutory minimum price to the cane growers, who supply sugarcane to the 5th respondent company. THE 5th respondent company has filed a counter affidavit and has taken plea that it has already acted in the interest of the cane growers. It is stated that the Government fixed the statutory price of sugarcane for the year 2003-04 at Rs.730/MT with 8.5% return. That was challenged before this Court in W.P. No.1569/04. In the said case, by interim order dated 3rd Feb., 2004, this Court directed to pay Rs.655/MT with 8.5% recovery. THE said case is still pending. But, in the meantime, the 5th respondent has paid the amount in favour of the cane growers, who supplied sugarcane for the period 2003-04 and subsequent period. For the period 2003-04, a sum of Rs.869/MT has been paid by the 5th respondent, i.e., on the basis of the calculation of Rs.735/MT with 10.10% return. THE following are the date with regard to price fixed and payment made under the control order :- TABLE