K-1005-Tirupur Milk Producers ... vs Aavin on 10 March, 2020

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Madras High Court

K-1005-Tirupur Milk Producers ... vs Aavin on 10 March, 2020

Bench: N.Anand Venkatesh

                                                                      W.P.No.31716 of 2019

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 10.03.2020

                                                      CORAM
                            THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH


                                               W.P.No.31716 of 2019


                      K-1005-Tirupur Milk Producers Co-operative
                            Societies Association Limited,
                      Represented by its Chairman,
                      Kuppandampalayam,
                      Palladam Road,
                      Tirupur – 638 605.                                     ... Petitioner

                                                          Vs

                      1.Aavin
                        Represented by its Managing Director,
                        Tirupur District Cooperative Milk Producers
                            Union Limited,
                        Milk Producers Union Limited,
                        Tirupur – 641 604.

                      2.The Commissioner,
                        Milk Production Management and Dairy
                            Development Department,
                        Aavil Illam,
                        Pasumpon Muthuramalinganar Salai,
                        Nandanam,
                        Chennai – 600 035.


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                                                                              W.P.No.31716 of 2019



                      3.General Manager,
                        Aavin,
                        District Collector Office,
                        Palladam Road,
                        Tirupur – 5.                                                 ... Respondents

                      PRAYER : Petition filed under Article 226 of the Constitution of India,
                      praying to issue a Writ of Mandamus directing the second respondent to
                      consider the representation dated 24.08.2019 given by the Petitioners, to
                      provide the transportation charges incurred in the course of distribution of
                      milk, to provide and distribute Aavin milk only through the society and to
                      restrain first respondent from employing independent agents and
                      distributing milk within the functional parameters allotted to the petitioner
                      association by virtue of the Special bye-laws on the file of the Deputy
                      Registrar,   Milk   Production   Management      and   Dairy    Development
                      Department.


                                    For Petitioner            : Mr. V.Raghavachari
                                    For Respondents           : Mr. Bala Ramesh
                                                                Special Government Pleader


                                                       ORDER

This Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the second respondent to consider the representation made by the petitioner association on 24.08.2019.

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2. The petitioner association was functioning as production and distribution unit till the year 1984 and thereafter, it was sold to Tirupur District Co-operative Milk Producers Union Limited. After 1984, the petitioner association is distributing milk at Tiruppur by virtue of allotment made through the special bye-laws.

3. The grievance of the petitioner is that the co-operative milk producers union has been employing independent distribution agents who are interfering with the functional parameters of the members of the petitioner association. The petitioner has also sought for arrears of commission. All these grievances were given as representation to the second respondent on 24.08.2019. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions.

4. Heard Mr. V.Raghavachari, learned counsel appearing on behalf of the petitioner and Mr. Bala Ramesh, learned Special Government Pleader, appearing on behalf of the respondents.

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5. Taking into consideration the facts and circumstances of the case and limited relief that has been sought for in this Writ Petition, there shall be a direction to the second respondent to consider the representation made by the petitioner on 24.08.2019 and deal with it on its own merits and in accordance with law and take a decision within a period of four weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the second respondent along with a copy of the representation dated 24.08.2019 and a copy of this order.

6. This Writ Petition is disposed of with the above directions. No costs.

10.03.2020 Index:Yes/No Speaking order / Non speaking order bkn 4/6 http://www.judis.nic.in W.P.No.31716 of 2019 To

1.The Managing Director, Aavin, Tirupur District Cooperative Milk Producers Union Limited, Milk Producers Union Limited, Tirupur – 641 604.

2.The Commissioner, Milk Production Management and Dairy Development Department, Aavil Illam, Pasumpon Muthuramalinganar Salai, Nandanam, Chennai – 600 035.

3.The General Manager, Aavin, District Collector Office, Palladam Road, Tirupur – 5.

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