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1981 Supreme(Mad) 411

SENGOTTUVELAN, V.RAMASWAMI
A. M. Ahamed and Co. , Madras – Appellant
Versus
Union of India – Respondent


Advocates:
V. P. Raman for C. T. Subbiah and Mrs. Jayanthi Natarajan, for Petitioners in W.P. No.3834/81 and for
Respondents 1 to 17 in all W.As. R. Ramamurthy, for Petitioner in W.P. No.3661/81; K. Swamidurai, Addl. Central Govt. Standing Counsel, for Respondent No. 1 in W.P. Nos.3661 and 3834/81 and for 18th respondent in all W.As.; Advocate General for M/s. R. Muthukumaraswamy and V. Ramajagadeesan for Respondents 2 and 3 in W.P. No.3661/81 and for 2nd respondent in W.P. No.3834/81 and for Appellants in W.A. Nos.289 and 290/81 and for 19th respondent in W.A. Nos.296 to 299/81; Dr. Chitale for S. Balathandapani. for 3rd Respondent in W.P. No.3834/81 and for 4th Respondent in W.P. No.3661/81 and for 19th Respondent in W.A. Nos.289 and 290/81 and for Appellant in W.A. Nos. 296 and 297/81 and for 20th Respondent in W.A. Nos. 298 and 299/81; P.R. Mridul for K. C. Kadirvelu, for Appellant in W.A. Nos.298 and 299 of 1981.

Judgement

V. RAMASWAMI, J. :- W.P. No.3834 of 1981 has been filed by 17 petitioners who are exporters of onions, praying for writ of Mandamus or other appropriate writ or direction forbearing the second respondent National Agricultural Cooperative Federation of India Ltd., who are hereafter referred to for short as NAFED, "from proceeding with its decision to export 50,000 tonnes of onions to Malaysia and Singapore solely through itself and the third respondent completely excluding the petitioner."

2. The first respondent to this petition is the Union of India. The second respondent is NAFED and the 3rd respondent is another exporter of onions. Kin Guan Choong Sendirian Berhad, a company incorporated under the Malaysian laws and having its registered office at Penang, Malaysia has impleaded itself as a party respondent on the ground that they are importers in respect of the quantity of onions which is the subject matter in this writ petition.

3. The export of onions prior to 1974 was governed by what is known as Open General Licence but subject to quality control and Letters of credit being opened in firm contracts. On 16-11-1974, the Government of India decided to canalise

the export

















































































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