SOUTH INDIAN SUGAR MILLS ASSOCIATION Vs. SECREATARY FPD MINISTRY OF CONSUMER AFFAIRS FOOD AND PUBLIC DISTRIBUTION

JUDGEMENT

(1.) THE petitioner association filed the above writ petition praying for a writ of Certiorarifed Mandamus, calling for the records of the second respondent relating to the impugned Notification GSR No. 44 (E)/ess. Com/sugarcane, dated 14. 1. 2004, by fixing statutory Minimum Price of Sugarcane for 2003-2004 at Rs. 73/- per quintal linked to the basic recovery of 8. 5% and quash the same as unconstitutional, ultra vires the provisions of the Essential Commodities Act and Sugarcane (Control) Order, 1966 and direct the respondents to refix the Statutory Minimum price for sugarcane for the sugar year 2003-2004 for the Tamil Nadu Zone taking into consideration the factors listed in Sub Clause (a) to (e) of Clause 3 of the Sugarcane (Control) Order,1966, the lower sugar prices, higher incidence of Taxes on sugarcane and lower cost of cane cultivation prevalent in the State of Tamil Nadu, as contemplated under the explanation to Sub Clause (1) of Clause 3 of the Sugarcane (Control) Order, 1966.

(2.) THE brief facts which lead to the filing of the writ petition is as follows:

(3.) THE respondents did not file any counter in the above writ petition.