Madras High Court
Nakubetta Agri Development vs Union Of India on 24 April, 2025
Author: Mohammed Shaffiq
Bench: Mohammed Shaffiq
W.P.No.6295 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.04.2025
CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ
W.P.No.6295 of 2025
Nakubetta Agri Development
Initiative Producer Company Ltd.,
Rep. by its Director, H.Thiagarajan,
No.2/104A, Horasholai,
The Nilgiris,
Tamil Nadu-643 217.
Petitioner
Vs
1. Union Of India
Through the Ministry of Commerce and Industry,
Department of Commerce,
Tea Board of India
2. Government of Tamil Nadu
Through the Department of Agriculture
3. Tea Board
Rep. by its Chairman Amardeep Singh Bhatia,
14, B.T.M. Sarani (Brabourne Road)
Kolkata 700 001.
__________
Page 1 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/04/2025 07:27:56 pm )
W.P.No.6295 of 2025
4. Coonoor Zonal Office
Tea Board Regional Office,
Shelwood Library Road,
Post Box No.6, Coonoor-643 101,
Nilgiri, South India.
Respondents
Prayer : Petition under Article 226 of the Constitution of India seeking
issuance of a writ of mandamus directing the respondents as mentioned
below:
(a) Direct the 1st Respondent to invoke Section 30 of the
Tea Act, 1953, to establish a legally binding Minimum
Support Price (MSP) for green tea leaves and Instruct the
Respondent to introduce a floor price mechanism for
domestic tea to protect small growers from predatory
pricing due to cheap imports.
(b) Direct the 2nd and 3rd Respondent to revise the
pricing mechanism under District Green Leaf Price
Monitoring Committees to ensure it includes the actual
cost of production as determined by independent studies.
To adopt Profit sharing formula and include a minimum of
20% share to the cost of cultivation of the small tea
growers, from the profits gained by the packeteers, tea
buyers, exporters and brokers.
__________
Page 2 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/04/2025 07:27:56 pm )
W.P.No.6295 of 2025
(c) Sufficient data has been submitted to show that a few
exporters and handful of packeteers dominate the market
To break this oligopoly the 1st Respondent must direct the
National Agriculture Marketing Federation (NAMF),
National Consumer Co-operative Federation and other
such federations under their control to participate in the
auction.
(d) Mandate greater transparency and accountability in
tea auctions and pricing mechanisms, allowing STGs to
access and verify the final sale price of made tea.
(e) Direct the District Level green Leaf Committee to
oversee fair price fixation and ensure compliance with this
Honble High Courts directives.
(f) To implement Modalities and Scheme Guidelines of
Tea Development and Promotion Scheme 2021-2026,
which the 1st Respondent had approved vide letter
No.F.NO.K-57013(11)/1/20212-Plant (A) dated 16th July,
2021. Take legal action against packeteers, tea buyers,
exporters and brokers engaged in exploitative pricing
practices, under relevant consumer and trade laws.
(g) Direct the 1st and 2nd Respondent to provide financial
and policy support to STGs for establishing independent
tea processing units, to introduce replanting subsidy or
rejuvenation of old tea bushes that vital to enhance
__________
Page 3 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/04/2025 07:27:56 pm )
W.P.No.6295 of 2025
productivity and provide weather-based crop insurance
cover for small tea growers to reduce dependency on
Bought Leaf factories and pass such further or directions
as may be deemed fit and proper to meet the ends of
justice.
For Petitioner(s): Mr.Srinath Sridevan,
Senior Counsel
for Mr.S.Rajmakesh
For Respondent(s): Mr.ARL Sundaresan
Addl. Solicitor General of India
assisted by
Mr.K.Ramanamoorthy
SPC for R1, R3 and R4
Mr.A.Edwin Prabakar
State Government Pleader
assisted by
Mr.K.Karthik Jegannath,
Govt. Advocate for R2
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) At the outset, we expressed to petitioner that the directions sought are basically policy issues to be decided by the Government and petitioner should, in fact, approach the concerned department.
__________ Page 4 of 7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/04/2025 07:27:56 pm ) W.P.No.6295 of 2025
2. Learned Additional Solicitor-General of India, appearing for respondent Nos1, 3 and 4, states that, if petitioner makes a representation to respondent No.1, with copy to respondent No.3, the Chairman of respondent No.3 will certainly give audience to petitioner at the earliest and, in any case, within a month of sending the representation and consider the grievance of petitioner. The date and time shall be communicated at least seven working days in advance.
3. Whether petitioner's requests are feasible for consideration; and what decision is to be taken, we leave it to the authorities. We express no opinion.
4. Learned Additional Solicitor General of India assures that proper hearing will be given and a reasoned response will be given to petitioner.
5. At this stage, we direct respondent Nos.1 and 3, represented by learned Additional Solicitor General of India, to treat the petition itself as __________ Page 5 of 7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/04/2025 07:27:56 pm ) W.P.No.6295 of 2025 representation by petitioner.
6. Petition is disposed of. There shall be no order as to costs.
(K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ, J.)
24.04.2025
Index : Yes/No
NC : Yes/No
bbr
To
1. The Ministry of Commerce and Industry, Union Of India Department of Commerce, Tea Board of India.
2. The Department of Agriculture Government of Tamil Nadu.
3. The Chairman Tea Board 14, B.T.M. Sarani (Brabourne Road) Kolkata 700 001.
4. Coonoor Zonal Office Tea Board Regional Office, Shelwood Library Road, Post Box No.6, Coonoor-643 101, Nilgiri, South India.
__________ Page 6 of 7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/04/2025 07:27:56 pm ) W.P.No.6295 of 2025 THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
bbr W.P.No.6295 of 2025 24.04.2025 __________ Page 7 of 7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/04/2025 07:27:56 pm )