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ABDUL QUDDHOSE
Senthil Kumar – Appellant
Versus
Commissioner of Sugars(Additional Chief Secretary), Nandhanam – Respondent
JUDGMENT
(Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of certiorari calling for the records leading to the impugned order dated 01.12.2021 passed by the first respondent in R.C.No.261/Cane2/2019 and quash the same.)
This writ petition has been filed challenging the impugned order dated 01.02.2021 passed by the first respondent allotting the Kammapuram Firka to the third respondent Sugar Mill.
2. The petitioners are sugarcane growers in Kammapuram Firka. Earlier they were supplying sugarcane to Shree Ambika Sugars, Pennadam which went into liquidation and thereafter, Kammapuram Firka was annexed as Reserve area to the second respondent Sugar Mill by order dated 07.06.2019 passed by the first respondent. According to the petitioners, the second respondent is a financially sound sugar mill and making payments to the petitioners who are sugarcane farmers on time without committing default. However, according to the petitioners, all of a sudden, despite objections raised by the petitioners, the impugned order dated 01.02.2021 came to be passed by the first respondent under which Kammapuram Firka is allotted to the third respondent sugar mill. Accordi
Violation of principles of natural justice in the allotment of Kammapuram Firka to the third respondent Sugar Mill
Point of law: position which emerges is that in terms of the provisions for under the Act, 1953 and the Rules, 1954 an elaborate mechanism is provided for reservation and assignment of cane areas to ....
The court ruled that administrative actions infringing rights must follow principles of natural justice, requiring a hearing before imposing restrictions under the Sugarcane (Control) Order.
Writ of Certiorari applies only to judicial or quasi-judicial orders; administrative decisions under the Rice Milling Act do not require objection hearings.
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