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2011 Supreme(Mad) 499

R.BANUMATHI
Ramavilas Tobacco Company rep. by its Partner V. Parthiban – Appellant
Versus
The Secretary Erode District Agricultural Marketing Committee Erode – Respondent


Appearing Advocates:
For the Petitioners:M. Devaraj for S. Elamurugan, P. Venkatesan, Advocates.
For the Respondents:D. Krishna Kumar, Advocate.

Judgment :-

1. In these writ petitions, petitioners, who are tobacco traders, seek writ of certiorari to quash the impugned proceedings of the respondents calling upon the petitioners that in view of the judgment of the Supreme Court in the case of I.T.C.LTD. VS. AGRICULTURAL PRODUCE MARKET COMMITTEE, (AIR 2002 SC 852) to pay licence fee and market fee for the tobacco traded by the petitioners from 1.4.1994 to 31.3.2003.

2. Since common points are involved, with the consent of the counsel for petitioners and respondents, all the writ petitions were taken up together and shall stand disposed by this common order.

3. In brief, the factual matrix are as follows:

(i) The petitioners are traders in tobacco, who purchase tobacco from the agriculturists and transport them to their godowns situated at various places and deal with tobacco. The control of tobacco business was governed by Tobacco Board Act 1975. The Government of Tamil Nadu enacted Tamil Nadu Agricultural Produce Marketing (Regulation) Act (TNAPMR Act), 1987. Under the said Act, various Marketing Committees were constituted and as per the provisions of the Act, any person carrying on business in any agricultural produce has to

































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