ISMAIL, SETHURAMAN
Operative Sugars (Chittur) Limited – Appellant
Versus
Co-The State of Tamil Nadu – Respondent
ISMAIL, J.
The petitioner herein is a sugar mill in Kerala State. It applied to the Government of Tamil Nadu for drawing sugarcane from about 3, 000 acres of land in Coimbatore and Pollachi taluks for crushing at its mills in Kerala. The Government of Tamil Nadu granted the permission subject to certain conditions. Thereafter the petitioner-sugar mill entered into contracts with the growers in Coimbatore and Pollachi taluks for the purchase of sugarcane. One of the forms of the agreement had been produced before us. According to the terms contained in the agreement, the cane shall be delivered at the factory premises of the petitioner herein and the petitioner shall pay the grower the statutory or controlled or Government minimum price for the accepted sugarcane after inspection and weighment subject only to deduction of any advance, mutually agreed to in writing between the grower and the occupier, prior to such delivery. For the purpose of purchasing the sugarcane so contracted for from the growers, admittedly, the petitioner opened offices at Coimbatore and Pollachi. In those offices, the sugarcane inspectors of the petitioner were functioning. They visited the fields
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