IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27395 of 2009(T)
1. SUNNY DEVASSIA,S/O.DEVASSIA,
... Petitioner
Vs
1. THE MANAGING DIRECTOR,KERALA
... Respondent
2. THE AGRICULTURE PRODUCTION COMMISSIONER,
3. THE KERALA MALANAD KARSHAKA PRODUCE
4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE
For Petitioner :SRI.SUNNY MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :30/09/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P(C) No.27395 of 2009-T
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Dated this the 30th day of September, 2009.
J U D G M E N T
The petitioner is an agriculturist engaging in cultivation of coconut.
He is also a member of the third respondent Society. The Kerala
Kerakarshaka Sahakarana Federation is an agency authorised by NAFED to
collect copra under the support price scheme. The petitioner states that
the third respondent Society collects coconuts from its members and
supplies it to the Kerala Kerakarshaka Sahakarana Federation. He
submits that payment for the copra is made by demand drafts or account
payee cheques, in view of the stipulations in Ext.P1 circular issued by the
Kerala Kerakarshaka Sahakarana Federation. The petitioner submits that
it causes inconvenience to agriculturists. On this ground he challenges
para 10 of Ext.P1 circular.
In my opinion, the stipulation in Ext.P1 cannot said to be arbitrary
or unfair. Payment for copra is made to the suppliers by account payee
cheques or demand drafts in order to ensure that payment reaches the
seller. Payment by cheque or demand draft cannot therefore said to be
illegal. I therefore find no merit in the writ petition. The writ petition
fails and is accordingly dismissed.
Sd/-
P.N.RAVINDRAN, JUDGE
//True Copy//
ab
PA TO JUDGE