Madras High Court
V.Balachandran vs The State Of Tamil Nadu on 31 October, 2022
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
W.P.(MD)No.24600 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 31.10.2022
CORAM
THE HONOURABLE Mrs. JUSTICE V.BHAVANI SUBBAROYAN
Writ Petition (MD) No.24600 of 2022
and
W.M.P.(MD)Nos.18673 and 18675 of 2022
V.Balachandran,
Deputy Registrar-cum-Regional Manager,
Tamil Nadu Co-operative Marketing Federation
Ltd., X-401, (TANFED), Trichy Region,
No.514, Poonampalayam,
Thuraiyur Main Road,
Tiruchirappalli – 9. .. Petitioner
Versus
1.The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Agriculture and Farmers Welfare Department,
Fort St. George,
Chennai – 600 009.
2.The Director of Agriculture,
O/o. the Director of Agriculture,
Chepauk,
Chennai.
3.The Additional Director of Agriculture (Seeds),
O/o.the Additional Director of Agriculture,
Chepauk,
Chennai.
4.The Joint Director of Agriculture,
Ilupur Main Road,
Behind ECHS Hospital,
Sangillyandapuram,
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W.P.(MD)No.24600 of 2022
Mannarpuram,
Tiruchirappalli – 20. .. Respondents
Prayer :- Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Mandamus, directing the third respondent herein to
consider the Appeal filed by the petitioner, dated 18.08.2022, as against the
orders in Se.Mu.A.No.U4, dated 20.07.2022, on the file of the fourth
respondent on merits and dispose of the same within a time frame stipulated by
this Court.
For Petitioner : Mr.T.Lajapathi Roy
For Respondents : Mr.D.Sadiq Raja
Additional Government Pleader
ORDER
The petitioner has prayed for issuance of a Writ of Mandamus, directing the third respondent herein to consider the Appeal filed by him, dated 18.08.2022, as against the orders in Se.Mu.A.No.U4, dated 20.07.2022, on the file of the fourth respondent on merits and dispose of the same within a time frame.
2.Heard Mr.T.Lajapathi Roy, learned counsel appearing for the petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader, who takes notice for the respondents. By consent of the learned counsel appearing for the parties, the Writ Petition is taken up for final disposal at the admission stage itself.
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3.According to the petitioner, he is working as the Deputy Registrar- cum-Regional Manager of Tamil Nadu Co-operative Marketing Federation Ltd. X-401 [TANFED], Trichy Region, in which, the Government of Tamil Nadu is a major share holder. The objective of the TANFED, which was registered in the year 1959, is to identify the agricultural input requirements of the farmers and arrange for storage and distribution of fertilizers, seeds, pesticides and agricultural implements through co-operative outlets and to provide market support to the affiliated Member Co-operative Marketing Societies in procuring, storing and marketing of agricultural commodities and further to undertake manufacture of agricultural inputs, such as, granulated fertilizers, manure, mixture and quality seeds.
4.According to the petitioner, the Manufacturing Unit, Trichy, manufactures and markets mixed fertilizers such as, Mixture No.2, wherein, the ratio of N.P.K. of 12:6:6 [Nitrogen – Phosphorus – Potassium] is mixed, which is a fertilizer for paddy, ragi, cotton, chilly and other vegetables. Likewise, Mixture No.10, wherein, the ratio of N.P.K. of 15:5:5 is mixed, which is a fertilizer for sugarcane. Mixture No.14, wherein, the ratio of N.P.K. of 12:4:12 is mixed, which is used as a fertilizer for banana and coconut. The aforesaid mixed fertilizers are manufactured and marketed only with the Members of the Primary Agricultural Co-operative Credit Societies of Trichy, https://www.mhc.tn.gov.in/judis 3/11 W.P.(MD)No.24600 of 2022 Karur, Perambalur and Ariyalur Districts, which consists of 348 Primary Agricultural Co-operative Credit Societies. The petitioner's Regional Office do not have any prior blemish antecedents.
5.In the aforesaid circumstances, the Government of India, Department of Fertilizers, conducted an inspection in eight South Indian States, including Tamil Nadu for standards of the mixed fertilizers as per the Fertilizer Control Order 1985 in the month of April 2022 and several mixed fertilizer manufacturing units across the State of Tamil Nadu were subjected to inspection. In this regard, on 30.04.2022, the Assistant General Manager of the Fertilizers and Chemicals Travancore Limited (FACT), an Enterprise of Government of India along with the Assistant Director of Agriculture (Quality Control), Trichy and Agricultural Officer, Manachanallur, conducted a surprise inspection and collected samples of the mixed fertilizers of the petitioner's Unit. The sample was collected from a single bag of Mixture No.2 alone, wherein, the ratio of N.P.K. is 12:6:6 and in this regard, only 'J' Form was issued while collecting the sample.
6.According to the petitioner, Section 30 of the Fertilizer Control Order, 1985, was not complied with while collecting the samples and also the procedure was not followed in the subsequent analysis. Thereafter, the https://www.mhc.tn.gov.in/judis 4/11 W.P.(MD)No.24600 of 2022 petitioner has not received any communication in this regard. While so, a recommendation of the first respondent was communicated by the Joint Secretary of Ministry of Chemical and Fertilizers Department, recommending action as per the inspection made on 30.04.2022. In the strength of the same, the second respondent had passed a blanket order and informed all the Joint Directors of Agriculture throughout the State of Tamil Nadu to initiate action as per Fertilizer Control Order, 1985 on the units involved in sub-standards in fertilizers. In this connection, on 29.06.2022, the fourth respondent herein had initiated proceedings and straightaway termed the Trichy Regional mixing unit as sub-standard unit as per the recommendation of the Joint Secretary, Department of Fertilizers, without the petitioner's explanation and also without following the procedure laid down under Fertilizer Control Order, 1985 and sought for explanation as to why legal action should not be initiated.
7.In these circumstances, on 07.07.2022, the petitioner had submitted preliminary explanations to the fourth respondent and had expressed their grievance that analytical report in Form-L was not issued to the petitioner as per the Fertilizer Control Order, 1985 on the collection of samples and the analysis of the same and straightaway, the Unit of the petitioner cannot be termed and charged as sub-standard unit. Further, on 18.07.2022, a detailed explanation was also submitted to the fourth respondent and also Analytical https://www.mhc.tn.gov.in/judis 5/11 W.P.(MD)No.24600 of 2022 Report in Form-L of the sample was sought for by the petitioner for his Trichy Regional (TANFED) Unit.
8.While being so, on 20.07.2022, the fourth respondent herein without conducing any enquiry and subjecting the Analytical Report of the Laboratory in 'L' Form of the samples and the analysis and without giving any reasonable opportunity to the petitioner to put forth his grievance, had straightaway termed and charged the petitioner's unit as sub-standard one and had ordered for the closure of the same, which is a gross violation of natural justice and unfair in the eye of law.
9.According to the petitioner, the fourth respondent had passed orders on 20.07.2022 without affording any reasonable opportunity to the petitioner and without the Analytical Report of the Laboratory in 'L' Form of the sample and ordered for closure of the unit, and hence, the petitioner was constrained to file an appeal on 18.08.2022 to the third respondent, questioning the orders passed by the fourth respondent on 20.07.2022.
10.The petitioner submitted that the Additional Registrar-cum- Managing Director of Tamil Nadu Co-operative Marketing Federation Ltd. X-401, Chennai, had also given explanation on 30.08.2022 to the second https://www.mhc.tn.gov.in/judis 6/11 W.P.(MD)No.24600 of 2022 respondent herein and supported the appeal filed by the petitioner and had expressed the mistakes occurred in the collection of samples and procedure in subjecting for analysis. Moreover, on 02.05.2022, the very same Mixture No.2 was subjected to periodical analysis at Pamani Fertilizers (Unit of TANFED) Quality Control Laboratory. As per the report, dated 02.05.2022, there is no deviation from FCO 1985, allowed tolerance limits and recorded as N.P.K. of 11.91, 6.35 and 6.23 in the Mixed Fertilizer Mixture No.2, wherein, no flaw or sub-standard was found. Therefore, it is apparent and crystal clear that there is procedural violation in the collection of samples and the procedure adopted in the analysis by the inspection team.
11.The petitioner further submitted that the central team had failed to collect the samples as per the procedure laid by the Fertilizer Control Order, 1985. There were 98 bags of Mixture No.2, wherein, the ratio of N.P.K. of 12:6:6 was stocked in the Mixture Manufacturing Unit Trichy Regional (TANFED) Yard, sample from two bags of Mixture No.2 ought to have been taken. Likewise, there was procedural violation as one 50Kgs. bag was dumped empty and samples were collected by digging it by hand, which is wrong. As per Fertilizer Control Order, 1985, the quantity of the stock to be collected is only 400 grams, but 900 grams of Mixture No.2 was collected for examination by the central team on 30.04.2022.
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12.Further, about 400 members of every Agricultural Co-operative Credit Society in and around Trichy, Karur, Perambalur and Ariyalur Districts are benefitted solely by the Mixed Fertilizers of the petitioner's Unit in a very marginal and subsidised rate and there are 348 Agricultural Co-operative Credit Societies directly benefitted by the above Unit. As per Section 30 of the Fertilizer Control Order, 1985, the collected samples have to be sent to the Laboratory within three days. The Laboratory has to issue an analytical report in Form 'L' within 15 days from the date of receipt of the sample. The authority, who had received the analytical report in Form 'L', is supposed to communicate the same within seven days in 'L' Form. But, in the present case, the procedures were totally violated and so far, the petitioner is not served with 'L' Form Analysis Report. The Managing Director of TANFED has made a detailed representation, dated 30.08.2022, to the second respondent and brought his attention on the appeal filed by the petitioner, dated 18.08.2022, and sought for disposal of the same on merits and it is still pending. In the said circumstances, having left with efficacious and alternative remedy, the petitioner has approached this Court by way of filing the present Writ Petition.
13.Today, when the matter is taken up for hearing, Mr.D.Sadiq Raja, learned Additional Government Pleader appearing for the respondents has produced a proceedings of the Joint Director of Agriculture, Tiruchirappalli, dated 31.10.2022 and submitted that as per the proceedings of the Joint https://www.mhc.tn.gov.in/judis 8/11 W.P.(MD)No.24600 of 2022 Secretary, Government of India, Ministry of Chemicals and Fertilizers, DoF, New Delhi, the sample drawn in TANFED Mixture Manufacturing Unit was declared as Non-Standard Unit by the Joint Secretary, Government of India and instructions were given to initiate legal actions against the Violators to cancel the Manufacturing Licence and Authorisation to purchase fertilizers from IFMS immediately. Accordingly, the licence of TANFED, Trichy, was cancelled along with Authorisation to purchase fertilizers from IFMS and requested for details of Analytical Report 'L' Form from the Government of India.
14.Considering the above said submission made by the learned Additional Government Pleader appearing for the respondents, this Court, without going into the merits of the case, directs the third respondent herein to consider the appeal filed by the petitioner, dated 18.08.2022 and pass appropriate orders on merits and in accordance with law, after providing an opportunity of hearing to the parties concerned, on or before 30.04.2023.
15.This Writ Petition stands disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petitions are closed.
Index : Yes/No 31.10.2022
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W.P.(MD)No.24600 of 2022
To
1.The Principal Secretary to Government of Tamil Nadu, Agriculture and Farmers Welfare Department, Fort St. George, Chennai – 600 009.
2.The Director of Agriculture, O/o. the Director of Agriculture, Chepauk, Chennai.
3.The Additional Director of Agriculture (Seeds), O/o.the Additional Director of Agriculture, Chepauk, Chennai.
4.The Joint Director of Agriculture, Ilupur Main Road, Behind ECHS Hospital, Sangillyandapuram, Mannarpuram, Tiruchirappalli – 20.
https://www.mhc.tn.gov.in/judis 10/11 W.P.(MD)No.24600 of 2022 V.BHAVANI SUBBAROYAN, J.
smn2 Order made in W.P.(MD)No.24600 of 2022 and W.M.P.(MD)Nos.18673 and 18675 of 2022 31.10.2022 https://www.mhc.tn.gov.in/judis 11/11