Madras High Court
Integrated Aavin Milk Dealers vs The Managing Director on 9 October, 2020
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
Order in WP.No.13699 of 2020, dt. 09.10.2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.10.2020
CORAM
THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH
WP.No.13699 of 2020 &
WMP.No.17035 of 2020
Integrated Aavin Milk Dealers
Welfare Association of Arcaud,
Ranipet and Wallajah Represented
by its President G.Meenakshi Ssundaram,
Having Office at No.20/U, Ammoor Road,
Lamba Street, Manthangal,
Mottur, Wallajah Taluk,
Vellore District 632 401. ... Petitioner
Vs.
1. The Managing Director,
The Tamil Nadu Cooperative Milk
Producers Federation Limited,
Aavin Illam, No.36-A, Pasumpon
Muthuramalainga Thevar Road,
Nandanam Extension,
Nandanam, Chennai,
Pincode 600 035.
2. The Commissioner of Milk Production
and Dairy Development
Madhavaram Milk Colony,
Madhavaram, Chennai 600 051.
3. The General Manager,
Vellore District Co-operative
Milk Producers Union Ltd.,
No.142, Arcot Road, Sathuvachari,
Vellore 632 009.
4. The District Collector,
Vellore District.
5. The District Collector,
Ranipet District.
6. A.L. Ravi .. Respondents
1/4
http://www.judis.nic.in
Order in WP.No.13699 of 2020, dt. 09.10.2020
Prayer: Writ Petition filed under Section 226 of Constitution of India praying for
issuance of Writ of Mandamus to call for the records relating to the impugned
order passed by the 3rd respondent herein in his proceedings in
Na.Ka.No.010/V.P.1-2/2019 dated 14.07.2020 published in the Daily Newspaper
namely Dinamalar dated 16.7.2020 and quash the same and consequently direct
the respondents 1 to 5 herein to forbear the 6th respondent herein from interfering
with the business of the petitioner association members regarding purchase and
sale of Aavin Milk.
For Petitioner : Mr.J. Prakasam
For Respondents : Mr.Bala Ramesh, Spl.Govt. Pleader
for R1 to R3
ORDER
This writ Petition has been filed challenging the notification issued by the 3 rd respondent on 14.7.2020 calling for application for appointment of Agent to distribute Milk received from Aavin.
2. The case of the petitioner Association is that the members of the Association distribute and sell the Milk received from Aavin on a retail basis and the payments are directly made to Aavin. The members are distributing and selling the Aavin Milk in various places at Vellore District.
3. The grievance of the petitioner Association is that the 3 rd respondent has issued a notification in the Daily Newspaper calling for application to appoint a wholesale distributor for Aavin Milk. According to the petitioner, this notification issued by the 3rd respondent is beyond his power and jurisdiction. That apart, the members belonging to the petitioner Association are being forced to get the Milk 2/4 http://www.judis.nic.in Order in WP.No.13699 of 2020, dt. 09.10.2020 from the 6th respondent on the ground that he is the wholesale distributor and thereby, the members of the petitioner Association are put to hardship.
4. Mr. Bala Ramesh, learned Special Govt. Pleader appearing on behalf of the respondents 1 to 3 submitted that the 3rd respondent has called for applications only to appoint a wholesale distributor for supply of Milk in accordance with the directions given by Aavin. Learned counsel further submitted that the members belonging to the petitioner Association cannot have any grievance on the notification given by the 3rd respondent since it will not affect their business and they can continue to distribute Milk.
5.The learned counsel submitted that the appointment is now being made to ensure that the retail agents receives the Milk from an authorised agent of Aavin.
6. This Court has carefully considered the submissions made on either side and the materials available on record.
7. This Court does not find any ground to interfere with the action taken by Aavin to appoint agent to ensure proper supply of the Aavin Milk. These are all administrative decisions which cannot be interfered by this Court in exercise of 3/4 http://www.judis.nic.in Order in WP.No.13699 of 2020, dt. 09.10.2020 N. ANAND VENKATESH, J.
msr its jurisdiction under Article 226 of Constitution of India. This Court, does not find any merits in this Writ Petition and accordingly, this Writ Petition is dismissed. No costs. Consequently connected miscellaneous petition is closed.
09.10.2020 msr To
1. The Managing Director, The Tamil Nadu Cooperative Milk Producers Federation Limited, Aavin Illam, No.36-A, Pasumpon Muthuramalainga Thevar Road, Nandanam Extension, Nandanam, Chennai, Pincode 600 035.
2.The Commissioner of Milk Production and Dairy Development Madhavaram Milk Colony, Madhavaram, Chennai 600 051.
3. The General Manager, Vellore District Co-operative Milk Producers Union Ltd., No.142, Arcot Road, Sathuvachari, Vellore 632 009.
4. The District Collector, Vellore District.
5. The District Collector, Ranipet District.
WP.No.13699 of 2020 & WMP.No.17035 of 2020 4/4 http://www.judis.nic.in