@JUDGMENTTAG-ORDER
K.B.K. Vasuki, J.@mdashThe writ petition is filed against G.O. Ms. No. 468 Industries (MICI) department dated 6-12-1993 and G.O. Ms. No. 217 Industries (MICI) department dated 18.8.1997 of the second respondent herein and the proceedings of the third respondent dated 3-6-2008 in R.C. No. 5972/Cane-1/2008 to quash the same in so far as the same relates to four firkas viz. (1) Uppliapuam (2) Thuraiyur (3)Erakudi in Thuraiyur Taluk and (4) Thathiankarpet in Musri Taluk and to consequently direct the respondents 1 to 4 herein to register the sugar cane crop of the members of the petitioner herein for supplying the same to the fourth respondent herein during the year 2009-2010 and in future.
2. The members of the petitioner association are agriculturists cultivating sugar cane in their lands situated in four firkas referred to above within the distance of 55 to 75 kms from Salem Co-operative Sugar Mills and they are also as the shareholders in Salem Co-operative Sugar Mills, Mohanur who is the fourth respondent herein, have contributed to the growth and development of the fourth respondent sugar mill by regularly supplying sugarcane and they have also been assured prompt payment for the supply of sugarcane by the fourth respondent. As a matter of fact, the members of the petitioner association are, according to the petitioner, getting better price for sugarcane supplied to the fourth respondent herein and they have been carrying on the transactions mutually without any complaints against each other for the past 15 to 30 years. While so, the impugned G. Os came to be passed by the Government to revise the operation area of each sugar mill for getting sugar cane from the farmers and to vest the power relating to demarcation of areas between existing sugar mills in Co-operative and Public Sector upon the Commissioner of Sugar and Cane Commissioner who is arrayed as third respondent herein instead of upon the delimitation committee. The petitioner has come forward with the present writ petition against the impugned G. Os in and under which the first respondent herein has on the recommendation of the delimitation committee ordered withdrawal of 19 firkas including four firkas within which the lands belonging to the members of the petitioner association are situated and allotted the said area to the proposed sugar mill of the fifth respondent at Udumbiyam Village, Perambalur District. Based on the same, the third respondent has passed the consequential order dated 3-6-2008 and all the orders are impugned herein.
3. The issue raised by the petitioner in this writ petition is as to whether the delimitation committee is empowered to make any recommendation for withdrawal of any area which have already been allotted to existing sugar mill in co-operative and public sectors, for the purpose of allotment of the same to new or existing sugar mill in the existing private sector and as to whether the state government based on such recommendation is empowered to pass any order for withdrawal of area when such power is vested with the third respondent/the Commissioner of Sugar cane and Cane Commissioner.
4. In the course of hearing, it is brought to the notice of this Court that the G.Os. impugned herein have already been challenged by similar co-operative sugar mills association of other area in the batch of writ appeals in W.A. Nos. 401 of 1998 etc and the same was disposed of by the Hon''ble Division Bench of our High Court on 8.6.2010. The batch of writ appeals were filed by the Government against the order of the learned single judge passed in the batch of writ petitions by setting aside the order of demarcation of allotment of area to various private sugar mills and the Hon''ble Division Bench has in its order dated 8.6.2010 made in the batch of writ appeals confirmed the order of the learned single judge. The operative portion of the order passed by the Division Bench is extracted as follows:
133. Having regard to our above conclusions, we uphold the order of the learned single judge and the impugned orders of demarcation and allotment of areas to various private sugar mills passed by the Sugar Commissioner cum Cane Commissioner and order dated 03.06.2008, in RC. No. 5972/Cane-1/2008 are set aside. The directions issued by the learned single Judge in paragraph 90 is upheld. We only add and direct the State of Tamil Nadu to pass appropriate orders including two of the representatives of cane growers in the Area Delimitation Committee and that we also make it clear that the Area Delimitation Committee shall confine its consideration relating to demarcation in respect of new sugar mills and sugar mills in private sector while the Director of Sugar cum Cane Commissioner shall exercise its power relating to demarcation of areas between existing sugar mills in co-operative and public sector as director in the order of the Government in G.O. Ms. No. 217, dated 18.08.1997.
134. We also hold that till such time final orders are passed by the Cane Commissioner, the areas allotted to various sugar mills shall remain as free will area in so far as the members of the co-operative sugar mills. The writ petitions are disposed of on the above terms
The guidelines issued in para 90 of the order passed by the learned Single Judge referred to in the order of the Division Bench are also reproduced herewith:
90. In the result, the impugned orders of demarcation and allotment of areas to various private sugar mills passed by the Commissioner of Sugar and Cane are quashed and all the writ petitions are allowed.
Commissioner of Sugar and Cane is directed to afford sufficient opportunity to the petitioners and other sugarcane growers before allotting sugarcane command areas to Private Sugar Mills.
Commissioner of Sugar and Cane is also directed to hear the Co-op. Sugar Mills.
Area Delimitation Committee is directed to consider the grievance of sugarcane growers in respect of their being members/shareholders and distance and also such other relevant aspects.
Till Area Delimitation Committee and Commissioner of Sugar and Cane passes order, the area allotted to various sugar Mills shall remain as "free will area" in so far as members of Co-op Sugar Mills.
After affording opportunities to the members of various Co-op.Societies and other sugarcane growers and also Co-op. Sugar Mills, Commissioner of Sugar and Cane and Area Delimitation Committee shall consider the matter within a period of six months from the date of receipt of copy of this order
5. In fine, the writ petition is disposed of in terms of the directions contained in the order passed by the Hon''ble Division Bench of our High Court confirming the order of the learned Single Judge of our High Court referred to above. No costs. Consequently, connected miscellaneous petition is closed.
