IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.06.2010 C O R A M: THE HONOURABLE MR.JUSTICE F.M.IBRAHIM KALIFULLA and THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.A.Nos.401 of 1998, 535 to 539 of 2009, 540 to 543 of 2009, 544 to 548 of 2009, 571 & 572 of 2009, 1456 of 2009, 1690 to 1703 of 2009, C.M.P.No.4381 of 1998, W.P.Nos.19322 of 1997, 24057, 24233 & 9246 of 2009 and connected Miscellaneous Petitions NADIPPISAI PULAVAR K.R.RAMASAMY CO-OPERATIVE SUGAR MILLS CANE GROWERS ASSOCIATION, REP. BY ITS PRESIDENT S.IMAYAVARAMBAN THALAINAYAR, ILLANTHOPPU, PINCONDE-609 201. NAGAPATTINAM DISTRICT. .. APPELLANT IN WA.401/98 THE MANAGING DIRECTOR, DHARANI SUGARS & CHEMICALS LTD., PGP HOUSE, NO.57, STERLING ROAD, NUNGAMBAKAM, CHENNAI-34. ..APPELLANT IN WA 536,537/09 /3RD RESPONDENT M/S. DHARANI SUGAR & CHEMICALS LTD., REP.BY ITS ENIOR MANAGER (LEGAL) B.NAGARAJAN, PGP HOUSE, NO.57, STERLING ROAD, NUNGAMBAKKAM, CHENNAI -600 034. ..APPELLANT IN WA 538/09 /4TH RESPONDENT M/S. DHARANI SUGAR & CHEMICALS LTD., REP.BY ITS ENIOR MANAGER (LEGAL) B.NAGARAJAN, PGP HOUSE, NO.57, STERLING ROAD, NUNGAMBAKKAM, CHENNAI -600 034. ..APPELLANT /5TH RESPONDENT IN WA 539/09 THE MANAGING DIRECTOR, M/S.BANNARIAMMAN SUGARS LTD., KOLUMDAMPATTU VILLAGE, THANDARAMPATTU TALUK, THIRUVANNAMALAI DISTRICT ..APPELLANT /3RD RESPONDENT IN WA 540/09 https://hcservices.ecourts.gov.in/hcservices/ THE CHAIRMAN CUM MANAGING DIRECTOR, BANNARIAMMAN SUGARS LTD., 1212,TRICHY ROAD, COIMBATORE. ..APPELLANT /3RD RESPONDENT IN WA 541/09 THE MANAGING DIRECTOR, M/S. BANNARIAMMAN SUGAR LTD. REGISTERED OFFICE, NO.12/2,TRICHY ROAD, COIMBATORE -641 018 ..APPELLANT /5TH RESPONDENT IN WA 542/09,543/09 THE MANAGING DIRECTOR, DHANALAKSHMI SRINIVASAN SUGARS PRIVATE LTD., UDUMBIYAM VILLAGE, PERAMBALUR VILLAGE. ..APPELLANT /4TH RESPONDENT IN WA 544/09,545/09,547/09 THE MANGING DIRECTOR, DHANALAKSHMI SRINIVASAN SUGAR PRIVATE LTD., UDUMBIYAM VILLAGE, VEPPANTHATTAI TALUK, PERAMABALUR DISTRICT ..APPELLANT /3RD RESPONDENT IN WA 546/2009,548/2009 THIRU AROORAN SUGARS LTD., REP. BY ITS MANAGING DIRECTOR, 112,UTHAMAR GANDHI STREET, CHENNAI-600 034. NOW RESIDING AT A.CHITTOOR,VIRUDHACHALAM TALUK, CUDDALORE DISTRICT. ..APPELLANT /3RD RESPONDENT IN WA 571/09 THIRU AROORAN SUGARS LTD., 112,UTHAMAR GANDHI SALAI, CHENNAI-600 034. ..APPELLANT/3RD RESPONDENT IN WA 572/2009 1.S.JAYAKUMAR 2.A.KUPPUSAMY 3.P.LAXMANAN 4.S.PERIYASAMY 5.N.THAMARAISELVAN 6.CHICKKAN 7.SUBRAMANIYAM ..APPELLANTS/PETITIONERS 1 TO 7 IN WA 1456/2009 1.THE STATE OF TAMIL NADU, https://hcservices.ecourts.gov.in/hcservices/ REP. BY ITS SECRETARY TO GOVERNMENT AGRICULTURE DEPARTMENT, SECRETARIAT,CHENNAI -600 009. 2.THE COMMISSIONER OF SUGAR & CANE, PERIYAR BUILDING, ANNA SALAI, NANDANAM, CHENNAI -35. ..APPELLANTS/RESPONDENTS IN WA 1690/2009 1.THE GOVERNMENT OF TAMIL NADU, REP. BY ITS SECRETARY, INDUSTRIES DEPARTMENT, FORT ST. GEORGE, CHENNAI -600 009. 2.THE COMMISSIONER OF SUGAR & CANE, PERIYAR BUILDING, ANNA SALAI, NANDANAM, CHENNAI -600 035. ..APPELLANTS/RESPONDENTS IN WA 1691/2009 THE COMMISSIONER OF SUGAR CANE, PERIYAR BUILDING, ANNA SALAI, NANDANAM, CHENNAI -600 035. ..APPELLANTS/RESPONDENTS IN WA 1692/09,1693/09,1694/09, 1695/09,1696/09,1697/09, 1699/09,1703/09. 1.THE COMMISSIONER OF SUGAR & CANE, PERIYAR BUILDING, ANNA SALAI, NANDANAM, CHENNAI -600 035. 2.THE STATE GOVERNMENT OF TAMIL NADU, REP. BY ITS CHIEF SECRETARY, FORT ST. GEORGE, CHENNAI-600 009. ..APPELLANTS/RESPONDENTS IN WA 1698/09,1700/09 1.THE STATE OF TAMIL NADU, REP. BY ITS SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, SECRETARIAT, CHENNAI-600 009. 2.THE COMMISSIONER OF SUGAR & CANE, PERIYAR BUILDING, ANNA SALAI, NANDANAM, CHENNAI -600 035. 3.THE STATE OF TAMIL NADU, REP. BY ITS SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT, CHENNAI-600 009. ..APPELLANTS/RESPONDENTS IN WA 1701/09,1702/09 NADIPPISAI PULAVAR K.R.RAMASWAMY, CO-OPERATIVE SUGAR MILLS CANE GRAVERS ASSOCIATION-REP. BY ITS PRESIDENT, https://hcservices.ecourts.gov.in/hcservices/ S.IMAYAVARAMBAN,THALAINAGAR, ILAMTHOPPU-609 201, NAGAPATTINAM DISTRICT, (REGD.NO.36/91). ..PETITIONER IN WP NO.19322/97 THURAIYUR VATTARA KARUMBU URPATHIYALARGAL SANGAM -REP.BY ITS SECRETARY S.JAYAKUMAR, NO.42,SIVAN KOIL STREET, UPPLIAPURAM POST,THURAIYUR TALUK, TRICHY DISTRICT. ..PETITIONER IN WP 24057/2009 V.RAMASAMY ..PETITIONER IN WP 24233/2009 KARUMBU URPATHIYALARGAL SANGAM BANNARI AMMAN SUGAR UNIT-4, (REGD.NO.10/2009)-REP. BY ITS PRESIDENT R.GANDHI CHENGAM, TIRUVANNAMALAI DISTRICT. ..PETITIONER IN WP 9246/2009 vs. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF INDUSTRY, DEPARTMENT OF INDUSTRIAL DEVELOPMENT, UDYOG BHAVAN, NEW DELHI – 110 001. ..IST RESPONDENT IN WA.401/98 TAMIL NADU KARUMBU VIVASAYIGAL SANGAM REGITERED NO 19/88 REP BY ITS ARIYALOOR SOUTH DIVISION PRESIDENT ENDAL POST VILLUPURAM DIST. .. I RESPONDENT /WRIT PETITIONER IN WA.535/09,1703/09 TAMIL NADU KARUMBU VIVASAYIGAL SANGAM REGD.NO.19/88 REP. BY ITS ARIYALOOR DIVISION SECRETARY R.RADHAKRISHNAN ARUTHANGUDI VILLAGE AND POST VILLUPURAM DISTRICT .. I RESPONDENT IN W.A.536/09/ 1693/09/WRIT PETITIONER TAMILNADU KARUMBU VIVASAYIGAL SANGAM REGD.19/88 REP BY ITS THIYAGADURGAM DIVISION PRESIDENT G.SATHIYAMOORTHY KATTUKOTTAI VADATHURASALUR POST THIYAGADURGAM VIA KALLAKURICHI TK VILLUPURAM DT ..I RESPONDENT IN W.A.537/09, 1694/09/WRIT PETITIONER K. KULANDAIVELU .. IST RESPONDENT IN W.A.538/09/ WRIT PETITIONER TAMIL NADU KARUMBU https://hcservices.ecourts.gov.in/hcservices/ THOZHILALARGAL VIVASAYIGAL SANGAM REP. BY ITS SECRETARY I.PANDIAN PINNALVADI AND POST ELAVANASURKOTTAI- 607 202 ULUNDURPET TALUK VILLUPURAM DIST. ..I RESPONDENT IN W.A.539/09, 527/09,1691/09/ WRIT PETITIONER KRISHNAGIRI MAAVATTA ORUNGINAINTHA KARUMBU VIVASAYIGAL SANGAM REGD.NO.129/2008 REP. BY ITS PRESIDENT S.MOORTHI UTHANGARRAI 635 207 KRISHNAGIRI DIST. ..I RESPONDENT IN W.A.540/09, 1696/09/ WRIT PETITIONER TAMIL NADU KARUMBU VIVASAYIGAL SANGAM REGD.NO.19/88 REP. BY ITS THATCHAMPATTU DIVISION PRESIDENT M.KODHANADARAMAN THATCHAMPATTU POST, TIRUVANNAMALAI DIST. ..IST RESPONDENT IN W.A.541/09, 1697/09/PETITIONER KARUMBU URPATHIALARGAL SANGAM REG.NO.36/95 REP BY ITS PRESIDENT R.MUTHUKRISHNAN CHENGAM TIRUVANNAMALAI DIST ...I RESPONDENT IN W.A.542/09, 543/09,1698/09,1700/09/PETITIONER S. JAYAKUMAR ..I RESPONDENT IN W.A.544/09, 1701/09/ PETITIONER M.S. NATARAJAN ..I RESPONDENT IN W.A.545/09, 1702/09 TAMIL NADU KARUMBU VIVASAYIGAL SANGAM REGD.NO.19/88, REP BY ITS ARUMPAVOOR DIVISION SECRETARY N.PALANIVEL S/O. NALLIAPPA GOUNDER MALAIYALAPATTI VEPPANTHATTAI TK PERAMBALUR DIST ... I RESPONDENT IN W.A.546/09, 1699/09/PETITIONER RASIPURAM TALUKA KARUMBU URPATHIYALARGAL SANGAM REP;. BY ITS PRESIDENT MR.A.RAMASAMY GOUNDER 27/10 KUTHAKAITHARAR THOTTAM R PATTANAM POST RASIPURAM TALUK NAMAKKAL DIST. ..I RESPONDENT IN W.A.547/09, https://hcservices.ecourts.gov.in/hcservices/ 1690/09/PETITIONER TAMILNADU KARUMBU VIVASAYIGAL SANGAM REGD.NO.19/88 REP BY ITS PASUMBALUR DIVISION PRESIDENT A.K.RAJENDRAN S/O. KULANDAIVEL ANNALAKSHMI NINAIVAGAM NALLASIVAM NAGAR THURAIMANGAM, PERAMBALUR ..I RESPONDENT IN W.A.548/09, W.A.1695/09/PETITIONER K. KULANDAIVELU S/O. KUMARASAMY UDAYAR ...I RESPONDENT IN W.A.571/09 1692/09/PETITIONER 2. THE DIRECTOR/COMMISSIONER OF SUGAR CANE COMMISSIONER, NO.474, ANNA SALAI, NANDANAM, CHENNAI – 600 035. ..2ND RESPONDENT IN WA.401/98 535,536,537,538,540,541,546, 548,571,1456/09 9TH RESPONDENT IN WA.544/09 R3 IN WA.545,547,572/09 THE GOVERNMENT OF TAMIL NADU REP. BY ITS SECRETARY INDUSTRIES DEPARTMENT FORT ST. GEORGE CHENNAI-9. ..2ND RESPONDENT IN WA.539,572/09, 5TH RESPONDENT IN WA.545/09,1456/09 THE SECRETARY MINISTRY OF FOOD AND CIVIL SUPPLY AND CONSUMER AFFIARS GOVT OF INDIA KRISHI BHAVAN NEW DELHI 110 001 ..2ND RESPONDENT IN WA.542/09,543/09 4TH RESPONDENT IN WA.1698/09,1700/09 A. KUPPUSAMY ..2ND RESPONDENT IN W.A.544/09 THEKALLAKURICHI CO-OP SUGAR MILLS REP. BY ITS SPECIAL OFFICER MOONGILTHURAIPATTU VILLUPURAM DIST. ..2ND RESPONDENT IN WA.1693/09,1694/09, 1697/09, 1703/09 A. KUPPUSAMY ..2ND RESPONDENT IN WA.1701/09 THIRU AROORAN SUGARS LTD. 'ELDORADO', 5TH FLOOR, 112, NUNGAMBAKKAM HIGH ROAD, CHENNAI – 600 034, REPRESENTED BY SRI R.V.TYAGARAJAN, CHAIRMAN AND MANAGING DIRECTOR. https://hcservices.ecourts.gov.in/hcservices/ THE KALLAKURICHI-I CO OPERATIVE SUGAR MILLS REP BY ITS SPECIAL OFFICER KATCHIRAYAPALAYAM VILLUPURAM DIST. ..3RD RESPONDENT IN WA.535/09, 536,537,541/09 THE CHIEF EXECUTIVE PERAMBALUR SUGAR MILLS ERAIYUR PERAMBALUR DIST ...3RD RESPONDENT IN WA.538/09, 546/09,548/09,571/09, 2ND RESPONDENT IN WA.1692/09, 1695/09,1699/09 THE DIRECTOR OF SUGAR AND CANE COMMISSIONER MOUNT ROAD NANDANAM CHENNAI-35. ..3RD RESPONDENT IN W.A.539/09 THE SPECIAL OFFICER THIRUPATHUR CO-OPERATIVE SUGAR MILLS LTD. KETHANDAPATTI VANIYAMBADI TALUK VELLORE DIST. ...3RD RESPONDENT IN W.A.540/09 2ND RESPONDENT IN W.A.1696/09, 1698/09,1700/09 THE STATE GOVT OF TAMILNADU REP BY ITS CHIEF SECRETARY FORT ST GEORGE,CHENNAI-9 ..3RD RESPONDENT IN WA.542,543/09 P. LAXMANAN ..3RD RESPONDENT IN W.A.544/09 THE MANAGING DIRECTOR THIRUAARURAN SUGAR MILL A-CHITTOOR VIRUDHACHALAM TK CUDDALORE DIST ..3RD RESPONDENT IN W.A.1692/09 THE CHAIRMAN CUM MANAGING DIRECTOR, BANNARI AMMAN SUGARS LTD., KOLUNDAMPATTU VILLAGE, THANDARAMPATTU TALUK, TIRUVANNAMALAI DISTRICT. ..3RD RESPONDENT IN W.A.NOS.1696, 1697/2009 THE MANAGING DIRECTOR, BANNARI AMMAN SUGARS LTD., REGD. OFFICE 1212, TRICHY ROAD, COIMBATORE - 641 018. ..3RD RESPONDENT IN W.A.NOS.1698, 1700/2009 https://hcservices.ecourts.gov.in/hcservices/ P. LAXMANAN ..3RD RESPONDENT IN WA.1701/2009 THE MANAGING DIRECTOR DHARANI SUGARS & CHEMICALS LTD., PGP HOUSE, NUNGAMBAKKAM, CHENNAI-34. ..3RD RESPONDENT IN.WA.1703/2009 SHREE AMBIKA SUGARS LIMITED, 'ELDORADO', 5TH FLOOR, 112, NUNGAMBAKKAM HIGH ROAD, .. 3RD & 4TH RESPONDENTS CHENNAI – 600 034. IN WA.401/98/RESPONDENTS (R4 IMPLEADED AS PARTY RESPONDENT VIDE ORDER OF COURT DT.08.09.2009, MADE IN WAMP NO.82 OF 2009). THE MANAGING DIRECTOR, THIRUAARURAN SUGAR MILL, A. CHITTOOR, VIRDHACHALAM TALUK, CUDDALORE DISTRICT. ..4TH RESPONDENT IN WA.538/2009 THIRU AAROORAN SUGARS NO.112, MOUNT ROAD, CHENNAI-34. ..4TH RESPONDENT IN WA.539/2009 THE COMMISSIONER OF SUGARCANE, PERIYAR BUILDING, ANNA SALAI, NANDANAM, CHENNAI 600 035. ..4TH RESPONDENT IN WA.542 & 543/09 S. PERIYASAMY ..4TH RESPONDENT IN WA.NOS.544 & 1701/09 M/S. DHARANI SUGARS AND CHEMICALS REP. BY ITS SENIOR MANAGER (LEGAL) MR. B. NAGARAJAN ..4TH RESPONDENT IN WA.571/2009 5TH RESPONDENT IN WA.NO.572/2009 CHENGALRAYAN CO-OPERATIVE SUGAR MILLS PERIYASEVALAI, ULUNDURPET TALUK, VILLUPURAM DISTRICT. ..4TH RESPONDENT IN WA.572/09 2ND RESPONDENT IN WA.1691/2009 5TH RESPONDENT IN WA.539/2009 DHANALAKSHMI SRINIVASAN SUGARS (P) LTD., REP. BY ITS MANAGING DIRECTOR, UDUMBIYAM VILLAGE, VEPPANTHATTAI TALUK, PERAMBALUR DISTRICT. ..4TH RESPONDENT IN WA.1456/2009 3RD RESPONDENT IN WA.NOS.1690,1702, 1695,1699/2009 9TH RESPONDENT IN WA.1701/2009 https://hcservices.ecourts.gov.in/hcservices/ DHARANI SUGARS & CHEMICALS REP. BY ITS SENIOR MANAGER (LEGAL) MR. B. NAGARAJAN ..4TH RESPONDENT IN WA.NOS.1691 AND 1692/2009 3RD RESPONDENT IN WA.NOS.1693 AND 1694/2009 (IMPLEADED AS PER COURT ORDER DATED 01.04.2009 IN WPMP.NO.1308/2008 IN WP.NO.24941/2005. IMPLEADED AS PER COURT ORDER DATED 01.04.2009 IN WPMP. NO.1309/2008 IN WP.NO.1786/2006) THE THIRUPATHUR CO-OPERATIVE SUGAR MILLS LTD., REP. BY ITS SPECIAL OFFICER, KETHANDAPATTI, VELLORE DISTRICT - 635 815. ..5TH RESPONDENT IN WA.542 & 543/09 N. THAMARAISELVAM ..5TH RESPONDENT IN WA.544 & 1701/09 CHICKKAN ..6TH RESPONDENT IN WA.544 & 1701/09 SUBRAMANIYAM ..7TH RESPONDENT IN WA.544 & 1701/09 THE STATE OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT AGRICULTURE DEPARTMENT, SECRETARIAT, CHENNAI- 9. ..8TH RESPONDENT IN WA.544/2009 1ST RESPNDENT IN WA.1456/09 2ND RESPONDENT IN W.A.NOS.545 & 547/2009 SALEM CO-OPERATIVE SUGAR MILLS LTD., REP BY SPECIAL OFFICER, MOHANUR, NAMAKKAL DISTRICT. ..10TH RESPONDENT IN WA.544/09 2ND RESPONDENT IN W.A.1702/09 3RD RESPONDENT IN W.A.NO.1456 & 1690/2009 4TH RESPONDENT IN W.A.NOS.545 & 547/2009 8TH RESPONDENT IN WA.1701/09 THE STATE OF TAMIL NADU REP. BY ITS SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT, CHENNAI-9. ..11TH RESPONDENT IN WA.544/2009 1.UNION OF INDIA, REP.BY ITS SECRETARY, MINISTRY OF INDUSTRY, DEPT. OF INDUSTRIAL DEVELOPMENT UDYOG BHAVAN, NEW DELHI-1. https://hcservices.ecourts.gov.in/hcservices/ 2.THE COMMISSIONER OF SUGAR AND CANE COMMISSIONER, 474, ANNA SALAI, NANDANAM, CHENNAI-35. 3.THIRU AROORAM SUGARS LTD., “ELDORADO”, 5TH FLOOR, 112 NUNGAMBAKKAM HIGH ROAD, CHENNAI-34, REP. BY ITS DEPUTY GENERAL MANGER (CANE) SRI. S. PANCHAPAKESAN. (R3 IMPLEADED AS PER ORDER OF COURT DATED 7.1.1998 IN WPMP.NO.28/98) 4.SHREE AMBIKA SUGARS LIMITED “ELDORADO”, 5TH FLOOR, 112, NUNGAMBAKKAM HIGH ROAD, CHENNAI-34. (R4 IMPLEADED AS PER COURT ORDER DT.8.9.2009 IN WPMP.622/09 IN WP.19322/97) ..RESPONDENTS 1 TO 4 IN WP.19322/97 1 STATE OF TAMILNADU REP BY ITS SECRETARY TO GOVERNMENT, AGRICULTURE DEPT., SECRETARIAT, CHENNAI 9. 2 THE STATE OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT, INDUSTRIES DEPT., SECRETARIAT, CHENNAI 9. 3 COMMISSIONER OF SUGAR AND CANE COMMISSIONER, NANDANAM, CHENNAI 35. 4 SALEM COOPERATIVE SUGAR MILLS LTD, REP BY ITS SPECIAL OFFICER, MOHANUR, NAMAKKAL DISTRICT. 5 DHANALAKSHMI SRINIVASAN SUGARS (P) LTD, REP BY ITS MANAGING DIRECTOR, UDUMBIYAM VILLAGE, VEPPANTHATTAI TALUK, PERAMBALUR DISTRICT ..RESPONDENTS 1 TO 5 IN WP.24057/09 1 THE STATE OF TAMIL NADU, REP. BY ITS SECRETARY TO GOVERNMENT AGRICULTURE DEPARTMENT, SECRETARIAT, CHENNAI-9. 2 COMMISSIONER OF SUGAR AND CANE COMMISSIONER, NANDANAM, CHENNAI-35. 3 SALEM CO-OPERATIVE SUGAR MILLS LTD, REP. BY ITS SPECIAL OFFICER, https://hcservices.ecourts.gov.in/hcservices/ MOHANUR, NAMAKKAL DISTRICT. 4 DHANALAKSHMI SRINIVASAN SUGARS (P) LTD, REP. BY ITS MANAGING DIRECTOR, UDUMBIYAM VILLAGE, VEPPANTHATTAI TALUK, PERAMBALUR DISTRICT. ...RESPONDENTS 1 TO 4 IN WP.24233/09 1 THE COMMISSIONER OF SUGAR & CANE, PERIYAR BUILDING, ANNA SALAI, NANDANAM, CHENNAI-35. 2 THE TIRUPATTUR CO-OPERATIVE SUGAR MILLS LIMITED, REP. BY ITS SPECIAL OFFICER, KETHANDIPATTI, VELLORE DISTRICT. 3 THE KALLAKURICHI-I CO-OPERATIVE SUGAR MILLS LTD. REP. BY ITS SPECIAL OFFICER, MOONGILTHURAIPATTU, VILLUPURAM DISTRICT. 4 M/S. BANNARI AMMAN SUGARS LTD. REP. BY ITS MANAGING DIRECTOR, 1212, TRICHY ROAD, COIMBATORE-641 018. ..RESPONDENTS 1 TO 4 IN WP.9246/09 Prayer in W.A.No.401 of 1998: Writ Appeal filed under Clause 15 of the Letters Patent Act against the order of this Court dated 27.02.1998, passed in W.M.P.No.30285 of 1997 in W.P.No.19322 of 1997. WMP.No.30285/97: To stay all further proceedings of the impugned order passed by the 2nd Respondent made in RC.No.23364/D1/94 dated 4.12.1997 pending disposal of the above WP.19322/97. WP.No.19322/97: The WP filed under Article 226 of the constitution of India praying to issue a writ of certiorarified mandamus calling for the entire records relating to the impugned order passed by the 2nd respondent made in RC.No.23364/D1/94 dated 4.12.1997 and quash the same in so far as it relates to withdrawal of areas from N.P.K.R.R Cooperative Sugar Mills, Thalainayar, Nagapattinam District and Consequently for bear the 2nd respondent from demarcating the areas. W.A.No.535/09 & W.A.No.1703/09 against the order dated 20.4.2009 in W.P.No.19742/2008: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorari, to call for the records of 1st respondent in his proceedings in R.C.No. 21938/Cane.1/2007 dated 15.05.08 and quash the same in so far relate to change over the part of Reshivandiyam Firka in respect of the following villages viz. Endal Periapagandai into 3rd respondent sugar mill. https://hcservices.ecourts.gov.in/hcservices/ W.A.No.536/09 & W.A.No.1693/09 against the order dated 20.4.2009 in W.P.No.18226/2008: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorari, to call for the records of 1st respondent in his proceedings in R.C.No.21938/cane.1/2007 dt 15.5.2008 and quash the same in so far relate to change over the Tirupalapandal Firka four villages madampoondi Aruthungudi Irumbalakurichi and Kuvanur into 3rd respondent sugar mill. W.A.No.537/09 & W.A.No.1694/09 against the order dated 20.4.2009 in W.P.No.13413/2008: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorari, to call for the records of 1st respondent in his proceedings in R.C.No.21938/Cane.1/2007 dated 15.5.2008 and quash the same in so far relate to change over the Thiyagadurgam Firka into 3rd Respondent sugar Mill. W.A.No.538/09 & W.A.No.571/09 & W.A.No.1692/09 against the order dated 20.4.2009 in W.P.No.1786/2006: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorari, to call for the entire records of 1st respondent in his proceedings No RC No. 22677/Cane.1/2003 dated 08.07.2004 and quash the same. WA No.539 & 572/09 & WA.1691/09 against the order dated 20.4.2009 in WP.24941/05: Writ petition filed under Article 226 of constitution of India to issue writ of Certiorarified Mandamus to call for the records of the 1st respondent in G.O.(D) No.62, Agriculture (Sugarcane)Department, dated 23.3.2005 and consequential proceedings in Rc.No.18805/Cane/1/04-IV, dated 20.5.2005 on the file of II Respondent insofar as it relates to (i) Elavanasurkottai Firka full (2) Eraiyur Firka Part and (3) Ulundurpet Firka Part of Ulundurpet Taluk and quash the same and direct the 4th respondent to register the sugar cane relating to the areas of the petitioners Sangam. W.A.No.540/09 & W.A.No.1696/09 against the order dated 20.4.2009 in W.P.No.18153/2008: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorari, to Call for the records of 1st respondent in his proceedings No.R.C.No.2459/Cane.1/2008 dated 6.6.2008 in so far relates to change over the singarapet and kallavi firkas to the 3rd respondent sugar mill and quash the same. W.A.No.541/09 & W.A.No.1697/09 against the order dated 20.4.2009 in W.P.No.18930/2008: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorari, to call for the records of 1st respondent in his proceedings No.R.C.No.2459/Cane.1/2008 dated 6.6.2008 and quash the same insofar relate to change over the Thatchampattu (Part) Firka into 3rd Respondent Sugar Mill. https://hcservices.ecourts.gov.in/hcservices/ W.A.No.542/09 & W.A.No.1698/09 against the order dated 20.4.2009 in W.P.No.21006/2008: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorari, to call for the records in RC No. 2459/Cane 1/2008 dated 6.6.2008 on the file of the 3rd respondent and quash the same. W.A.No.543/09 & W.A.No.1700/09 against the order dated 20.4.2009 in W.P.No.26517/2008: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorari, to call for the records in RC No.15967/Cane 1/2008 dated 25.8.2008 on the file of 3rd respondent and quash the same. W.A.No.544/09 & W.A.No.1456/09 & W.A.No.1701/09 against the order dated 20.4.2009 in W.P.No.29617/2008: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to G.O.Ms.468 Industries (MICI) Department dated 6.12.1993 and G.O.Ms.No.217 Industries (MICI) department dated 18.8.1997 of the 5th respondent herein and proceedings in R.C.No.5972/Cane-1/2008 dated 3.6.2008 on the file of 2nd respondent herein and quash the same in so far as the same relates to four firkas viz. 1) Uppliapuram 2) Thuraiyur 3) Erakudi in Thuraiyur Taluk and 4) Thathiankarpet in Musri Taluk and consequently direct the respondents 1 to 3 herein register the sugar cane crop of the petitioners herein for supplying the same to the Third Respondent during the year 2009-10 and in future. W.A.No.545/09 & W.A.No.1702/09 against the order dated 20.4.2009 in W.P.No.30858/08: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to G.O.Ms. No. 468 Industries (MICI) department dated 06-12-1993 and G.O.Ms. No. 217 Industries (MICI) Department dated 18-8-1997 of the 5th respondent herein and proceedings in R.C.No.5972/Cane-1/2008 dated 03-06-2008 on the file of the 2nd respondent herein and quash the same in so far as the same relate Rasipuram Taluk and consequently direct the respondents 1 to 3 herein register the sugar cane crop of the petitioner herein for supplying the same to the 3rd respondent. W.A.No.546/09 & W.A.No.1699/09 against the order dated 20.4.2009 in W.P.No.22492/2008: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorari, to call for the records of 1st respondent in his proceedings No.R.C.No.5972/Cane.1/2008 dated 3.6.2008 in so far relate to change over the Vengalam Firka in so far relates to Malaiyalapatti village Kottarakunni Village Gounderpalayam Sasthiripuram M.V. Puram Koraiyar and Chinnamutil into 3rd respondent sugar mill and quash the same. W.A.No.547/09 & W.A.No.1690/09: against the order dated 20.4.09 in https://hcservices.ecourts.gov.in/hcservices/ W.P.No.19350/08: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorari, to call for the records of 2nd respondent in his proceedings in R.C.No.5972/Cane- 1/2008 dated 03.06.2008 and quash the same in so far as the same relates to five firkas viz. 1) Vennandur 2) Mangalapuram 3) Namagiripettai 4) Rasipuram and 5) Mullikuruchi in Rasipuram Taluk. W.A.No.548/09 & W.A.No.1695/09 against the order dated 20.4.2009 in W.P.No.16266/08: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorari, to call for the records of 1st respondent in his proceedings No.R.C.No.5972/Cane.1/2008 dated 03.06.2008 in so far relate to change over the Pasambalur Firka in so far relates to Agaram Village Tiruvalanthurai Village and Pasambalur Village into 3rd respondent sugar mill and quash the same. Presented under Article 226 of constitution of India to issue writ of Certiorarified Mandamus calling for the entire records relating to the impugned order passed by the 2nd respondent made in RC No.23364/D1/94, dated 4.12.1997, quash the same in so far as it relates to withdrawl of areas from the N.P.K.R.R. Cooperative Sugar Mills, Thalainayar, Nagapattinam District and consequently for bear the 2nd respondent and his men from demarcating the areas. (W.P.No.19322/1997) b) Certiorarified Mandamus calling for the records pertaining to G.O.Ms. 468 Industries (MICI) department dated 6.12.1993 and G.O.ms.No.217 Industries (MICI) department dated 18.8.1997, of the 2nd respondent herein and proceedings in R.C. No. 5972/Cane-1/2008 dated 3.6.2008, on the file of the 3rd respondent herein and quash the same in so far as the same relates to five firkas viz. 1. Uppliapuam 2. Thuraiyur 3. Koppampatti 4. Erakudi in Thuraiyur taluk and 5.Thathiankarpet in Musri taluk and 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 4th respondent herein during the year 2009-10 and in fulltime. (w.p.nO.24057 OF 2009) c) Certiorarified Mandamus Calling for the records of the 2nd respondent herein in his proceedings in R.C.No.5972/Cane-1/2008 dated 3.6.2008 and quash the same in so far as the same relates to petitioner herein and direct the respondents 1 to 3 to permit the petitioner to continue to supply sugar cane to the 3rd respondent sugar Mill. (WP No.24233 of 2009) d) Mandamus directing the 1st respondent to ensure that 2nd and 3rd respondents are not entitled to register the sugarcane in the area allotted to the 4th respondent in so far as it relates to the cane growers other than the writ petitioners in W.P.Nos.18153/08,18930/08, 21006/08 and 26517/2008.(WP No.9246/2009) For Appellant/ Petitioner https://hcservices.ecourts.gov.in/hcservices/ W.A.401/1998 and in W.P.19322/97. Mr.N.G.R.Prasad, for M/s.T.Ravikumar. W.A.535 to 539/09 Mr.A.L.Somayaji Senior Counsel for Mr.V.Bharathidasan WA 540 to 543/09, 571 &572/09 Mr.Aravind Datar SC for Mr.Sathish Parasaran & M/s.Indira Ramesh Mr.Md.Ismail for impleading party in MP.2 of 2009 in W.A.542/09 WA.544 to 548/09 Mr.R.Muthukumaraswamy Senior Counsel for Mr.R.Suresh Kumar WA.No.1456/09, and WP.24057/09 Mr.K.Doraisamy Sr Counsel for Mr.V.R.Rajasekaran WP.24233/09 Mr.S.Muthukumar WP.9246/09 Mr.Mohana Sundararajan WA.1690 to 1703/09 Mr.P.S.Raman Advocate General Assisted by Mr.G.Desingu Spl Government Pleader For Respondents: R1 in WA.535, 537/09 Mr.S.Udayakumar R1 in 546, 548, 571,& 572/09 Mr.C.Prakasam R1 in WA.540, 542, 543/09 Mr.R.Rajarajan for Mr.G.Rajan R1 in WA.541/09 Mr.G.Rajan for Mr.J.Ramakrishnan proposed R6 in WA.542/09 Mr.R.Parthasarathy and Mr.Sathish Parasaran RR1 to 7 in WA.544,1701 & 1703/09 R1 in W.A.545, 547, 1690,& 1702/09 Mr.K.Doraisamy Sr Counsel for Mr.V.R.Rajasekaran R1 in W.P.19322/97 Mr.M.Devendran SPCG R4 in W.P.9246/09 Mr.Sathish Parasaran R2 in W.P.19322/97 R1 in WP.9246/09 RR1 to 3 in WP.24057/09 RR1& 2 in WP.24233/09, RR1,2,5 in WA.1456/09 R1 in WA.535& 536/09 R2 in WA 537, 538,540,541,546 & 571/09 https://hcservices.ecourts.gov.in/hcservices/ RR2,3 in WA.539/09, 547, 572/09 RR3, 4 in WA.542/09, 543/09 RR 8, 9, 11 in WA.544/09 RR2, 3, 5 in WA.545/09 : Mr.P.S. Raman Advocate General Assisted by Mr.G. Desingu Spl. Government Pleader R1 In WA.401/98 and for Union of India in all cases except WP.19322/97. : Mrs.M.Nirmala Devi,ACGSC. RR3 & 4 in WA.401/98 & R3 in WP.19322/97 : Mr.C.Natarajan,Senior Counsel for M/s.N.Inbarajan C O M M O N J U D G M E N T F.M.IBRAHIM KALIFULLA, J. 1. The challenge in W.A.Nos.540 to 543, 544 to 548, 571, 572 and 1690 to 1703 of 2009 is to the common order of the learned Single Judge dated 20.04.2009, in W.P.Nos.19350 of 2008 etc., batch. 2. W.A.No.401 of 1998, is directed against the interim order dated 27.02.1998, made in W.M.P.No.30285 of 1997 in W.P.No. 19322 of 1997. The challenge in W.P.No.19322 of 1997 is to the order of the Commissioner of Sugar and Cane Commissioner dated 04.12.1997, in Rc.No.23364/D1/94, in and by which, certain sugarcane areas pertaining to N.P.K.R.R. Co-operative Sugar Mills was withdrawn and allotted in favour of Thiru Aruran Sugars Limited. By an order dated 27.02.1998, passed in W.M.P.No.30285 of 1997, the learned Single Judge dismissed the W.M.P. by which stay to the order dated 04.12.1997, was sought for. 3. As against the said order, writ appeal came to be filed. In the Writ Appeal an interim order was passed on 23.03.1998, to the following effect: "The Writ Appeal and WP.No.19322/93 are directed to be listed for hearing in the week commencing on 8th June, 1998. The growers will be at liberty to enter into an agreement with the Co-operative Sugar Mills or with the third respondent according to their free will. Parties are directed to produce the records at the time of hearing of the Writ Appeal and the Writ Petition." https://hcservices.ecourts.gov.in/hcservices/ The said interim order continue to remain in force even as on date. The writ petitions challenging the order of the Cane Commissioner came to be subsequently allowed by the learned Single Judge by an order dated 20.04.2009, and the Cane Commissioner was directed to give an opportunity to the cane growers before passing any order of demarcation of cane areas to different new mills. 4. As far as W.P.No.19322 of 1997 is concerned, since the said writ petition was tagged along with W.A.No.401 of 1998, the same was kept pending and was heard along with other writ appeals in W.A.No.535 of 2009 etc., batch. 5. In W.P.No.9246 of 2009, the petitioner which is an association of cane growers seeks for issuance of Mandamus to direct the Commissioner of Sugar and Cane Commissioner by way of a direction to ensure that Tirupattur Co-operative Sugar Mills Limited and the Kallakurichi-I Co-operative Sugar Mills Limited do not register the sugarcane in respect of cane growers who were allotted to M/s.Bannari Amman Sugars Limited other than the writ petitioners in W.P.Nos.18153, 18930, 21006 and 26517 of 2008. 6. In W.P.No.24233 of 2009, the challenge is to the order of the Commissioner of Sugar and Cane Commissioner dated 03.06.2008, in R.C.No.5972/Cane-1/2008, in and by which, the said writ petitioner who is a cane grower and whose cane area was allotted to the 4th respondent in that writ petition which is a newly started Sugar Mill, while the petitioner's cane area was originally