IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on Pronounced on

09.07.2024 02.09.2024 CORAM:

THE HON'BLE MR.D.KRISHNAKUMAR ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.A.No.2721 of 2022 and W.P.No.14015 of 2022 and C.M.P.Nos.22080 and 22085 of 2022 W.A.No.2721 of 2022 S.Annamalai ... Appellant/Writ Petitioner -vs-

1. Villupuram District Co-operative, Milk Producers Union Ltd. (Aavin), Rep. by its General Manager, Azhudhareddy, Kandamandi Post, Villupuram-605 401.

2. The Tamil Nadu Co-operative Milk Producer Federation Ltd., Rep. by its Deputy General Manager (Bulk Vending Unit), 3-A, P.M.R.Salai, Nandanam, Chennai-600 035. ... Respondents/Respondents Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the impugned order dated 24.11.2022 made in W.P.No.31404 of 2022 and W.M.P.Nos.30835 and

30836 of 2022.

For Appellant : Mr.R.Prabhakaran For Respondents : Mr.I.John Arokiadas *****

W.P.No.14015 of 2022 S.Annamalai ... Petitioner -vs-

1. Villupuram District Co-operative Milk Producers Union Ltd. (Aavin), Rep. by its General Manager, Azhudhareddy, Kandamandi Post, Villupuram-605 401.

2. The Tamil Nadu Co-operative Milk Producer Federation Ltd., Rep. by its Deputy General Manager (Bulk Vending Unit), 3-A, P.M.R.Salai, Nandanam, Chennai-600 035. ... Respondents/Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1^st respondent to supply the milk and milk product of Aavin to enable the petitioner to carry on his business.

For Appellant : Mr.R.Prabhakaran For Respondents : Mr.I.John Arokiadas *****

C O M M O N J U D G M E N T

(By the Hon'ble Acting Chief Justice)

In W.A.No.2721 of 2022, the Writ Petitioner/Appellant herein had challenged the order dated 24.11.2022 of the learned Single Judge, by which the Writ Petition was dismissed on the ground that the Writ Petitioner did not have a valid license beyond 06.01.2020.

2. The Writ Petition in W.P.No.14015 of 2022 has been filed for a direction to the1^st respondent to supply the milk and milk product of Aavin to enable the petitioner to carry on his business.

3. The issue involved in these two cases is one and the same and therefore, they are taken up together for final disposal.

3.1. The case of the Appellant was that he is a physically challenged person and he was allotted a Aavin Bunk near the new bus stand, Villupuram in the year 2004 vide License No.7198 renewable annually. Since he was sick for some time, he was not in a position to open the shop to run the Aavin Parlor. While so, an inspection was conducted on 01.04.2022 by the Officials and at that time, he was in Chennai and they found few products, which were not supposed to be sold in the Aavin Bunk. When he contacted his employee, he had confessed that he sold those products without his knowledge. After inspection, the respondent Officials stopped sending products for sale, which had necessitated him to send a representation dated 03.05.2022 followed by another one on 20.05.2022 and there was no reply, as a result of which, his livelihood was at stake;

3.2. The further case of the appellant was that in order to wreak vengeance for the protest made for the welfare of disabled community, inspection was conducted in his shop and on 21.07.2022, the 1^st respondent had passed the order, cancelling his Aavin Shop license. When he had filed a W.P.No.21359 of 2022, the order dated 21.07.2022 was quashed with a direction to passed a fresh order after considering his reply dated 03.05.2022 given earlier. Even after the orders of this Court, there was no supply of Aavin products made by the respondents and he was called for an enquiry on

14.09.2022.

3.3. It was stated by the appellant that though he had submitted a grievance petition against cancellation of license, without heeding his request, the 1^st respondent again passed an order on 10.11.2022, cancelling his license on the ground that the appellant had not submitted any applica