Madras High Court
Shree Essar Roadways vs The Tamil Nadu Co-Operative Milk ... on 18 February, 2020
Author: P.D. Audikesavalu
Bench: P.D. Audikesavalu
W.P. No. 2332 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.02.2020
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 2332 of 2020
and
W.M.P. Nos. 2707 and 2710 of 2020
Shree Essar Roadways,
Represented by its Proprietor,
S.P.S. Raja,
Aged about 44 years,
Son of S. Sellappan,
No. 230, Anna Nagar,
5th Street, Bhavani,
Erode - 638 314. ... Petitioner
-vs-
1. The Tamil Nadu Co-operative Milk Producers Federation Limited,
Represented by its Managing Director,
Aavin Illam,
No. 3A, Chamiers Road,
Rathna Nagar,
Nandanam,
Chennai - 600 035.
2. The Deputy General Manager (Production),
Tamil Nadu Co-operative Milk Producers Federation Limited,
Aavin Illam,
No. 3A, Chamiers Road,
Rathna Nagar,
Nandanam,
Chennai - 600 035.
3. Salem District Co-operative Milk Producers' Union Ltd.
Represented by its General Manager,
Thalavaipatti P.O.,
Salem - 636 302. ... Respondents
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http://www.judis.nic.in
W.P. No. 2332 of 2020
Prayer:- Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorari, calling for the records of the impugned
order dated 22.01.2020 Ref. No. 2025/DGM(P)/AD/S.O./2019 on the file of the
Second Respondent and to quash the same as illegal and without jurisdiction.
For Petitioner : Mr. AR.L. Sundaresan, Senior Counsel
assisted by Mr. T.M. Mano
For Respondents : Mr. P.H. Aravindh Pandian,
Additional Advocate General
assisted by
Mr. L.P. Shanmugasundaram,
Special Government Pleader (Co-op)
ORDER
Heard Mr. AR.L. Sundaresan, Learned Senior Counsel, assisted by Mr. T.M. Mano, Learned Counsel for the Petitioner and Mr. P.H. Aravindh Pandian, Learned Additional Advocate General assisted by Mr. L.P. Shanmugasundaran, Learned Special Government Pleader (Co-op) appearing for the First and Second Respondents, and perused the materials placed on record, apart from the pleadings of the parties.
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2. The Petitioner had entered into an agreement dated 06.02.2019 with the Third Respondent to transfer milk through puf insulated refrigerated container vehicles with 20MT capacity for a period of two years from 23.01.2019. While the contract is now in force, the Second Respondent by proceedings dated 22.01.2020 had made the following arrangements to stop supply of 1,26,000 litres of packed sachets from Vellore, Salem and Trichy District Co-operative Milk Producers Unions as per the following particulars:
Sl. Particulars Union Quantity Packing Arrangements Effect No. (lts) from 1 Standardized Salem 36,000 To be packed at 01.02.2020 Milk 500ml Ambathur dairy.
2 Toned Milk & Trichy 72,000 36,000 lts to be packed at 01.02.2020
Standardized SNR dairy and 36,000 its
Milk to be packed at KT Union
3 Toned Milk Vellore 18,000 To be packed at 01.02.2020
500ml. Madhavaram Dairy
The Petitioner claiming that the aforesaid proceedings of the Second Respondent would indirectly amount to termination of the contract between the Petitioner and the Third Respondent, has filed this Writ Petition challenging the same.
3. Having regard to the aforesaid contentions of the Petitioner, the Second Respondent has filed Additional Counter Affidavit dated 18.02.2020, in 3/6 http://www.judis.nic.in W.P. No. 2332 of 2020 furtherance of the order of this Court dated 12.02.2020, wherein it is stated as follows:
Sl. Queries raised by the Clarification submitted No. Hon'ble Court 01 The manner in which the 3rd In this context, I submit that the said Respondent would procure 36,000 litres of milk will be procured and 36,000 litres of milk from despatched from our local unit of the places in and around Ambattur Dairy instead from Salem Chennai in lieu of that District Milk Cooperative Union. Now, the quantity hereto transported local unit in Ambattur Dairy is capable of from Salem through the supplying 36,000 litres of sachet milk. Petitioner.
02 Whether the vehicles thatYes. The vehicles that would be used for
would be used for
transporting milk to Chennai would
transporting milk to
maintain the prescribed temperature Chennai would maintain ensuring food safety. Being the supply the prescribed temperature unit is at Ambattur dairy the milk so ensuring food safety. procured will be directly transported to the milk depots enabling to reach consumers within a short time.
In view of the aforesaid clarification made by the Second Respondent, the Petitioner cannot claim to be aggrieved by the impugned order passed by the Third Respondent. In that backdrop, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to the Petitioner to work out his remedies for other reliefs that he may be legitimately entitled before the proper forum in the manner recognized by law. He has also made an endorsement to that effect, which is recorded.
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4. Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, the connected Miscellaneous Petitions are closed. No costs.
18.02.2020
vjt/sj
Index : Yes/No
Note: Issue order copy by 06.06.2020.
To
1. The Managing Director, Tamil Nadu Co-operative Milk Producers Federation Limited, Aavin Illam, No. 3A, Chamiers Road, Rathna Nagar, Nandanam, Chennai - 600 035.
2. The Deputy General Manager (Production), Tamil Nadu Co-operative Milk Producers Federation Limited, Aavin Illam, No. 3A, Chamiers Road, Rathna Nagar, Nandanam, Chennai - 600 035.
3. The General Manager, Salem District Co-operative Milk Producers' Union Ltd., Thalavaipatti P.O., Salem - 636 302.
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