C. v. Spinners (P) Ltd. Rep. by its Director, Mrs. V. Chandrakanthi, Udumalpet VS Superintendent of Market Regulated Market, Udumalpet
2012-06-20
M.VENUGOPAL
body2012
DigiLaw.ai
Judgment :- 1. The petitioner has projected this Writ of Mandamus praying for issuance of an order by this Court in directing the respondent to consider its representation, dated 22.11.2006. 2. The Respondent/Superintendent, Marketing Committee, Udumalpet, has issued a notice, dated 29.08.2006, addressed to the petitioner calling upon it to submit a copy of the agreement made by it and Super Spinning Mills, if any, for perusal of its office so that it will be able to know the nature of transaction, viz., change of place of ownership of cotton. Further, it also stated that if agreement is not made, then it directed the petitioner to report where ownership of cotton is changed between it with due proof within fifteen days from the date of receipt of the notice etc. Moreover, the petitioner has been informed that if the request of the respondent is not complied with, it will be naturally concluded that ownership of cotton is changed at the mill premises so that it is liable to pay a fee of Rs.1,69,522.00 (Rupees One Lakh Sixty Nine Thousand Five Hundred and Twenty Two only). 3. For the notice, dated 29.08.2006 issued by the respondent, the petitioner has furnished a reply among other things mentioning that cotton has not been purchased from Coimbatore Super Spinning Mills Limited, but from the Mills at Hindupur, and further, even taken as granted that goods are purchased from Coimbatore Super Spinning Mills, so long as the goods were moved from other States to Udumalpet, it is an interstate purchase as per the Supreme Court's decision in 37 STC 207(SC) etc. 4. According to the petitioner, it has not violated any Regulation of Tamil Nadu Agricultural Marketing Produce Act, 1987 at any point of time. 5. Since the relief sought for by the petitioner is only limited in nature, to consider its representation dated 22.11.2006, the respondent is directed to take into consideration the representation/reply furnished by the petitioner to the Show Cause Notice dated 29.08.2006 (if not already considered and passed orders) and to pass necessary orders within a period of four weeks from the date of receipt of a copy of this order. 6. With the above direction, the writ petition is disposed of. No costs.