விவசாயிகளுக்கு மானிய விலையில் பெட்ரோல் டீசல் வழங்க கோரி வழக்கு copy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(SPECIAL ORIGINAL JURISDICTION) W.P.(PIL)No. OF 2021
AYYAA
S/o. S.M.Subramanian,
1/64, IOB Colony, Maharaja Nagar,
Palayamkottai, Tirunelveli -627011.
….Petitioner
VS.
Union of India
Represented by its Cabinet Secretary
& 3 others
…. Respondent
INDEX
S.NO | PARTICULAR | PG.NO |
1. | LIST OF DATES & EVENTS | |
2. | SYNOPSIS OF FACTS | |
3. | WRIT PETITION | |
4. | WRIT AFFIDAVIT | |
5. | TYPED SET
a) G.O (Ms) No. 83 dated 03.05.2020 issued by the 4th Respondent b) Notification No. 5/2020-Central Excise dated 05.05.2020 issued by the Government of India. c) Copy of Newspaper Report dated 01.08.2020 published in the “THE HINDU”. d) Fisheries Policy Note 2020-21 of the Tamil Nadu Government e) Sub-mission on agricultural mechanization operational guidelines (Revised 2020-21). f) Vision Tamil Nadu 2023 g) Notification No. 9/2021-Central Excise dated 03.11.2021 issued by the Government of India. h) Copy of Newspaper Report dated 29.06.2020 published in the “TIMES OF INDIA”. i) Copy of Newspaper Report dated 18.10.2021 published in the “TIMES OF INDIA”. j) G.O (Ms) No.91 dated 27.08.2020 issued by the Government of Tamil Nadu k) Copy of Representation Letter dated 02.11.2021 addressed to the Respondents. |
|
6. | VAKALAT | |
7. | BATTA |
Dated at Chennai on this day of December,2021
COUNSEL FOR PETITIONER
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(SPECIAL ORIGINAL JURISDICTION) W.P.(PIL)No. OF 2021
AYYAA
S/o. S.M.Subramanian,
1/64, IOB Colony, Maharaja Nagar,
Palayamkottai, Tirunelveli -627011.
….Petitioner
Vs.
Union of India
Represented by its Cabinet Secretary
& 3 others
…. Respondent
DATES & EVENTS
DATE | EVENTS |
2018 |
As per Agriculture Statistics, over 32% of farmers in the state of Tamil Nadu per cent irrigated area are under Not Having Tractor (NHT) category while 70% farmers are under Having Tractor category of farmers. |
03.05.2020 | Tamil Nadu government revised VAT (Value Added Tax) on fuel. With the revised VAT, petrol prices have increased by Rs 3.25 per litre and diesel by Rs 2.50 per litre. |
05.05.2020 | Central Govt hikes excise duty on petrol by ₹10 per litre, diesel by ₹13 per litre |
2020-21 | The Government of Tamil Nadu in the “Fisheries Policy note” decided to give subsidy on diesel and industrialized kerosene to the fishermen. |
The significant increase in mechanized farming in the state of Tamil Nadu results in increase fuel consumption and in turn leads to increased cost of production arising out of inflated Diesel/Petrol and other crude oil costs. | |
02.11.2021 | Therefore aggrieved by the increased rate of taxes on Petrol /Diesel and other crude oil representation letter were addressed to the Respondents herein with regard to the supply of subsidized petrol/diesel and industrialized kerosene to farmers engaged in mechanized farming in the state of Tamil Nadu. Hence this Petition |
Dated at Chennai on this day of December,2021
COUNSEL FOR PETITIONER
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(SPECIAL ORIGINAL JURISDICTION) W.P.(PIL)No. OF 2021
AYYAA
S/o. S.M.Subramanian,
1/64, IOB Colony, Maharaja Nagar,
Palayamkottai, Tirunelveli -627011.
….Petitioner
Vs.
Union of India
Represented by its Cabinet Secretary
& 3 others
…. Respondent
SYNOPSIS
- The present petition is filed seeking an order or direction or Writ in the nature of Writ of Mandamus directing the Respondents to provide subsidies on Diesel, Petrol & Kerosene for farmers engaged in mechanized farming in the State of Tamil by considering my representation dated 02.11.2021 as expeditiously as possible within the time stipulated prescribed by this Hon’ble Court and pass such any or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice.
- Agriculture and allied sector continues to be significant for the inclusive and sustainable growth of the state’s economy. The state’s agriculture sector not only ensures food security but also provides employment for substantial volume of population, directly & indirectly.
- However, Farmers’ income has not been able to keep pace, such as to cater to increasing costs of production including that of rising labour wages. Hence, there is a strong case for labour-substituting farm/agriculture machinery.
- Consequently, the Government of Tamil Nadu through its Agricultural Policy 2021-22 moots for Mechanised Farming through the purchase of agricultural machinery and implements to the individual farmers, establishment of Hi-Tech machinery hub, Custom Hiring Centres at Block and Village level under “Sub Mission on Agricultural Mechanization (SMAM)”. Under the Agriculture Mechanisation scheme, the 2nd Respondent has suggested the following machinery and equipment for major crop rotations.
- With the increased rate of farm mechanization, the demands for crude oil such as Petrol/Diesel and Industrial kerosene have increased over the years (2018-2021). Further, the steep rise in tax (Central Excise + Cess+ State’s VAT) have added additional burden on the input cost of production in agriculture. Therefore, farmers engaged in mechanized farming in the state of Tamil Nadu are put through several hardships owing to increased cost of production and procurement at a subsidized price.
- Parallely, the states of Bihar and Karnataka have offered subsidized diesel for farming purposes to the farmers of the state.
- Considering the above, A representation letter dated 02.11.2021 was addressed to all Respondents citing the grievance of the Farmers and seeking reduction/revision of the same. Owing to non-consideration of the representation letter. The Petitioner is constrained to approach this Hon’ble Court by way of this present Petition.
Dated at Chennai on this day of December,2021
COUNSEL FOR PETITIONER
MEMORANDUM OF WRIT PETITION
(Under Article 226 of the Constitution of India)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(SPECIAL ORIGINAL JURISDICTION)
W.P. No. OF 202
AYYAA
S/o. S.M.Subramanian,
1/64, IOB Colony, Maharaja Nagar,
Palayamkottai, Tirunelveli -627011.
….Petitioner
VS.
- Union of India
Represented by its Cabinet Secretary
Rashtrapati Bhawan, President’s Estate,
New Delhi, Delhi 110004
- Ministry of Agriculture & Farmers’ Welfare
Represented by its Secretary
Krishi Bhawan, Room No. 120,
First floor, Dr Rajendra Prasad Rd,
New Delhi, Delhi 110001
- Ministry of Finance
Represented by its Secretary
No.15, Safdarjung Road,
New Delhi.
- State of Tamil Nadu
Represented by its Chief Secretary
Namakkal Kavignar Maaligai,
Fort St. George, Chennai,
Tamil Nadu 600009
…. Respondent
WRIT PETITION
The address for service of all notices and processes for the petitioner is that of his counsel Dinesh, K.M.Mrithunjayan, A.M.Manav, T.Suchitra having office at No. 105 B, 8th Cross Street, Ranga Reddy Garden, Neelankarai , Chennai- 600 115. The address for service of all notices and processes on the respondents are as the same as stated above.
For the reasons stated in the accompanying affidavit circumstances it is humbly prayed that this Hon’ble Court may be pleased to issue a order or direction or Writ in the nature of Writ of Mandamus directing the Respondents to ensure adequate food security to rural population through subsidies on Diesel, Petrol & Kerosene for farmers engaged in mechanized farming in the State of Tamil by considering my representation dated 02.11.2021 as expeditiously as possible within the time stipulated prescribed by this Hon’ble Court and pass such any or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice.
Dated at Chennai on this day of December,2021
COUNSEL FOR PETITIONER
HIGH COURT:: MADRAS
W.P.No. of 2021
WRIT PETITION
M.Dinesh (E.No. 1342/2016)
K.M.Mrithunjayan (E.No.2048/18)
A.M.Manav (E.No.2538/18)
T.Suchitra(E.No.2585/21)
COUNSEL FOR PETITIONER
Ph No: +91 72999 29914
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(SPECIAL ORIGINAL JURISDICTION) W.P.(PIL)No. OF 2021
AYYAA
S/o. S.M.Subramanian,
1/64, IOB Colony, Maharaja Nagar,
Palayamkottai, Tirunelveli -627011.
….Petitioner
VS.
- Union of India
Represented by its Cabinet Secretary
Rashtrapati Bhawan, President’s Estate,
New Delhi, Delhi 110004
- Ministry of Agriculture & Farmers’ Welfare
Represented by its Secretary
Krishi Bhawan, Room No. 120,
First floor, Dr Rajendra Prasad Rd,
New Delhi, Delhi 110001
- Ministry of Finance
Represented by its Secretary
No.15, Safdarjung Road,
New Delhi.
- State of Tamil Nadu
Represented by its Chief Secretary
Namakkal Kavignar Maaligai,
Fort St. George, Chennai,
Tamil Nadu 600009
…. Respondent
AFFIDAVIT
I, Ayyaa S/o. S.M.Subramanian, aged about 41 years and residing at 1/64, IOB Colony, Maharaja Nagar, Palayamkottai, Tirunelveli District, formerly called as PITCHUMANI late on changed my name as AYYAA through gazette notification, has now temporarily come down to Chennai, do hereby solemnly affirm and sincerely state as follows.
No. of Pages: 1
Corrs: NIL
- I am the Petitioner herein as such I am well acquainted with the facts and circumstances of the case.
- I submit that I am giving an undertaking to pay the cost if this Hon’ble Court finds that the petition is intended for personal gain or oblique motive. Further I submit that I have filed this petition out of my own funds. I submit that to my knowledge, no Public Interest Litigation (PIL) arising on the same issue has been filed anywhere and all the events referred to in the present affidavit have been aware by me after thorough inspection on the field and accordingly I have got complete and personal knowledge about the risks which are being faced by the public at large. I am an Advocate by profession and I am an income tax assesse by having a PAN No. FXIPP8846M and My Aadhar Card No. 8934 1963 0831. I am a person being self-employed by doing real estate business and apart from that I am a social and environment activist.
- I am filing the present petition aggrieved by the non-consideration of my representation dated 02.11.2021 by the Respondents herein with regard to the supply of subsidized petrol/diesel and industrialized kerosene to farmers engaged in mechanised farming in the state of Tamil Nadu. It was revealed through interaction with the farmers and their respective association that, the farmers in Tamil Nadu face acute shortage of capital and operating costs owing to consistent increase in crude oil prices.
- I humbly submit that, agriculture and allied sector continues to be significant for the inclusive and sustainable growth of the state’s economy. The state’s agriculture sector not only ensures food security but also provides employment for substantial volume of population,
No. of Pages: 2
Corrs: NIL
directly & indirectly. However, Farmers’ income has not been able to keep pace, such as to cater to increasing costs of production including that of rising labour wages. Hence, there is a strong case for labour-substituting farm/agriculture machinery. Parallelly, it is also important to note, that several activities are highly time-bound and unless executed as per schedule, the farmer is likely to suffer loss. Agriculture mechanization is an appropriate answer to such challenges. Effective use of agriculture machinery helps to increase productivity & production of output, undertake timely farm operations and enable the farmers to quickly rotate crops on the same land.
- I humbly submit that, in the state of Tamil Nadu over 32% of farmers in per cent irrigated area are under Not Having Tractor (NHT) category while 70% farmers are under Having Tractor category of farmers. Cropping intensity was 160% under Not Having Tractor category of farmers, while it is was 176% under Having Tractor category of farmers. The major yields from the state are Jowar, Groundnut, Paddy, Black gram, Cotton, Turmeric, Coconut, Sugarcane, Tapioca, Tea, Coffee etc.
- I humbly submit that, the mechanised farming practice constitutes the use of heavy machinery like tractor, Field cultivator, Seeders and planters, Wheel tractor-scrapper, Plough, Baler, Tiller and other machinery that solely run on petrol and diesel. However, the steady increase in tax rate and the crude oil prices, the cost of agriculture production increases. Further as the Food security Act, 2013 and other subsidy programmes force the agriculture produce to be procured at lower cost, leaving the farming community to bear the brunt of escalating fuel prices.
No. of Pages: 3
Corrs: NIL
- I humbly submit that, the Government of Tamil Nadu through its Agricultural Policy 2021-22 moots for Mechanised Farming through the purchase of agricultural machinery and implements to the individual farmers, establishment of Hi-Tech machinery hub, Custom Hiring Centres at Block and Village level under “Sub Mission on Agricultural Mechanization (SMAM)”. Under the Agriculture Mechanisation scheme, the 2nd Respondent has suggested the following machinery and equipment for major crop rotations
The following is the suggested machinery/equipment for rotation of Rice – Rice – Oilseed /Maize/Pulses
Sl. No. | Type of Machine | Price per Unit
( Rs,) |
1. | Equipment for Land Development | |
Tractor drawn land leveler | 45,000 | |
Laser Guided land leveler | 4,00,000 | |
2. | Tillage Implements | |
M B plough | 40,000 | |
Reversible tractor mounted M .B plough | 70,000 | |
Disc plough | 45,000 | |
Tyne type cultivator | 30,000 | |
Disc harrow | 50,000-60,000 | |
Rotavator | 80,000 | |
Paddy harrow/puddler | 20,000 | |
3. | Sowing Equipment | |
Zero -till drill | 30,000 | |
Strip -till drill | 85,000 | |
Tractor mounted ridger seeder | 50,000 | |
Tractor drawn cultivator ( rice) seeder | 40,000-50,000 | |
Mat type rice transplanter | 2,00,000-6,00,000 | |
Raised bed planter | 50,000-60,000 | |
4. | Interculture Equipment | |
Dry land peg type weeder | 800 | |
Cono weeder | 800 | |
Power tiller operated sweep tyne cultivator | 15,000-25,000 | |
Self-propelled power weeder | 80,000 | |
Power rotary weeder | 58,000 |
No. of Pages: 4
Corrs: NIL
5. | Plant Protection Equipment | |
Knapsack sprayer | 2500 | |
Power knapsack sprayer | 12,000 | |
Tractor mounted boom sprayer | 45,000 | |
Self- propelled high clearance Sprayer | 80,000 | |
6. | Harvesting Equipment | |
Self-propelled riding type vertical conveyor reaper | 1,20,000 | |
Tractor front mounted vertical conveyor reaper | 35,000 | |
Tractor mounted combine harvester | 12,00,000-14,00,000 | |
Self-propelled combine harvester | 14,00,000-16,00,000 | |
Self- propelled reaper cum binder | 2,00,000 | |
Groundnut digger shaker/harvester | 60,000 | |
7. | Threshing Equipment | |
Multi- crop Thresher | 1,20,000 | |
Axial- flow paddy thresher | 80,000 | |
Groundnut thresher | 60,000 | |
Maize De-husker –cum-sheller | 30,000 |
It is evident from the table above, that crop rotation of major crop involves the use of heavy machinery and equipment which are primarily run on crude oil.
- Pursuant to the above, I humbly submit that, a scenario that is explained in an article published by “The Indian Express” as to how rising fuel prices will hit input costs of farms operations. In Punjab, there are around 11 lakh farm households which own 5.20 lakh tractors, nearly 17,000 combine harvesters including nearly 6,000 with an attachment of Straw Management System (SMS), which are used for harvesting around 36-37 million tonnes wheat and paddy in the state annually. All these machines are diesel operated and mostly tractor mounted and is used to cultivate nearly 42 lakh hectares area
No. of Pages: 5
Corrs: NIL
in Punjab. Apart from this there are 1.50 lakh diesel operated tube wells too in the state. Though petrol and diesel prices are decided by the Centre but state governments can always reduce the Value Added Tax (VAT) and local cess, which are different in different states, to keep the prices of these products at par with neighbouring states. In Punjab in 2017, the prices of diesel were around Rs 56 per litre including 28 per cent VAT + 10 per cent additional tax on VAT. And now it has gone up to Rs 81.64 per litre, an increase of Rs 25.64 per litre, which is an increase of 45.8 per cent in the past four years.
- In addition to the above, the farmers in the state of Andhra Pradesh do agricultural work in two ways. In some areas, tractors are hired on an hourly basis, while in some area’s hire rent are paid depending on the area to be cultivated. Some farmers are using their own vehicles. In the past the rent for ploughing with a simple plough was Rs 700 but now it is Rs 900. Also, when a rotovator must be used to soften the soil, the rent which earlier was Rs 800 to Rs 900 per hour, is now around Rs 1,100. Wheeled vehicles used for ploughing paddy fields was earlier Rs 900 per hour and now it has gone up to Rs 1,200.
- Considering the nature and hardness of the soil, it takes about seven to eight litres of diesel to plough with a tractor for an hour. The increased diesel prices have put an additional burden of more than Rs 1,500 per acre on the farmer. As of today, diesel price in the district is around Rs 99.06 per litre and petrol is at Rs 107.45 per litre. Over the last two and a half years, the average price has gone up from Rs 27 to Rs 30 per litre. There will be a slight variation in prices in different parts of the district based on transportation costs. Prices of seeds, fertilizers and pesticides have also risen sharply because of the increase in fuel prices leaving the farmers enraged.
No. of Pages: 6
Corrs: NIL
- I humbly submit that, the farmers engaged in mechanised farming in the state of Tamil Nadu are put through several hardships owing to increased cost of production and procurement at a subsidised price. Therefore the overhead on the cost of production is borne by the farmers at large.
- I humbly submit that, the steady rise in diesel and kerosene prices have urged the Fishermen community operating across Tamil Nadu to press for subsidy in purchasing the same. Therefore, accepting their grievances the Tamil Nadu Government in their 2020-2021 “Fisheries Policy note” decided to give subsidy on diesel and industrialized kerosene to the fishermen. The policy note states as following; “The Government is also providing financial assistance for building fishing crafts, motorization traditional crafts and fuel to marine fishing crafts.” At present, as the diesel and petrol prices have breached the three digit mark, there is no respite for the farmers at large.
- I humbly submit that, the 1st Respondent and 4th Respondent through The outbreak of Pandemic (COVID-19) have ramped up the procurement to meet Food security standards in the county and the state. Therefore, the increased production has led to heavy input production costs.
- I submit that, A considerable number of farmers from several districts merely rely on diesel motor pump sets. Farmers are already struggling to carry out cultivation due to the escalation of input costs, fertilizer, seed and particularly labour costs. At this juncture, the increasing price of diesel daily has come as a shocker among the farmers. The rise in fuel prices and the resultant production cost is a vicious cycle as it
No. of Pages: 7
Corrs: NIL
leads to inflation in essential commodity, therefore it is the sole responsibility of the Respondents to come up with an effective subsidy mechanism to curtail the impact of inflation on the general public. In order meet sustainable development goals, it is imperative that the Respondent must decrease diesel and petrol prices for the agriculture purposes or government should provide import duty tax free on petrol and diesel for the farmers.
- I humbly further submit that, the prevailing rate of crude oil is as stated below
Crude Oil to Final Fuel Price | 4th November 2021 |
International Price of Brent Crude Oil | 84.15 $ per Barrel |
Currency Exchange Rate | Rs 74.47 / USD |
Crude Oil in Indian Currency | Rs 6266 |
1 Barrel of Crude Oil | 159 Litre |
Crude Oil – Cost per Litre | Rs 39.4 per Litre |
Petrol Price – Per Litre Tiruchchirappalli,TN as on 24th November 2021 |
Rs 101.85 per Litre |
In consonance with the above, the retail price of petrol and diesel is decided after adding central excise, commission paid to dealers and value-added tax (VAT) to basic oil prices. The basic oil price is the prevailing international benchmark rate plus freight.
- It is pertinent to mention that, under Rule 4 of the Central Excise Rules, 2002 – Every person who produces or manufactures any excisable goods, or who stores such goods in a warehouse, shall pay the duty leviable on such goods in the manner provided in rule 8 or under any other law.
No. of Pages: 8
Corrs: NIL
- In the Union Budget 2021-22, the Agriculture Infrastructure and Development cess on petrol and diesel was announced at Rs 2.5 per litre and Rs 4 per litre, respectively.
(Central Government tax = basic excise duty + Special Additional Excise Duty+ Additional Excise Duty for road + Agricultural infrastructure cess)
Cost wise split up of Central and State Tax on Petrol/Diesel
Calculation* | ||
Basic OMC Cost Calculation | Petrol | Diesel |
Crude Oil | Rs 39.4 per Litre | Rs 39.4 per Litre |
Freight + Refinery Processing + Refinery Margins + OMC Margin + Logistics | Rs 8.88 per Litre | Rs 10.22 per Litre |
Fuel Price after Processing (Ready to send to Petrol Pump) | Rs 48.28 per Litre | Rs 49.62 per Litre |
Central Government Taxes & Dealer Commission | ||
Additional: Excise Duty + Road Cess as Charged by Central Government (after Excise Duty Cut in November) | Rs 27.9 / L | Rs 21.8 / L |
Commission to Petrol Pump Dealers | Rs 3.8 /L | Rs 2.6 /L |
Fuel Cost Before VAT | ||
Cost as on 4th November 2021 | Rs 79.98 /L | Rs 74.02/L |
VAT Calculation | ||
Additional: VAT (13% on Petrol + Rs.11.52 per Litre)
& 11% on Diesel + Rs.9.62 per Litre Additional Cess on Diesel) (24th November 2021) |
Rs 21.9 / L | Rs 17.7 / |
Final Retail Price as on 24th November 2021 in Tamil Nadu | Rs 101.8 / Litre | Rs 91.1 / Litre |
No. of Pages: 9
Corrs: NIL
- I humbly submit that, Indians spend on an average 17% of their daily income on fuel. The average for citizens among the rest of the 57 nations did not cross 10%. The differences in prices across countries are due to the various taxes and subsidies for gasoline. All countries have access to the same petroleum prices of international markets but then decide to impose different taxes.
- It is pertinent to mention that, in the Mid Term Appraisal of Tenth Plan (2002-2007), it was observed that, agriculture is becoming uneconomic as a profession and technologies are needed which can enhance the farmers’ income, particularly for the resource poor farmers. Also the survey done by Centre For the Study of Developing Societies (CSDS), Lokniti for Bharat Krishak Samaj among 5,000 farmer households across 137 districts in 18 states in December 2013, showed almost 47% felt that overall condition of growers in the country is bad.
- As per the NCF, 2006 year of agricultural renewal third report. The following is the Target Yield (kg/ha) Levels to Meet the Future Demand
Crop | Yield Achieved in TE 1994/95 | Required Yield Field
(2010) |
(2020) |
Rice | 1851 | 2456 | 2895 |
Wheat | 2420 | 3270 | 3918 |
Coarse grains | 979 | 1137 | 1333 |
Total Cereals | 1688 | 2263 | 2682 |
Pulses | 593 | 987 | 1282 |
Food grains | 1489 | 2034 | 2447 |
Fruits | 10281 | 17656 | 24063 |
Vegetables | 13921 | 21345 | 28352 |
No. of Pages: 10
Corrs: NIL
- It is evident from the above table that with the increase in population, there needs to be proportional increase in farm production to meet the National food security goals. However, the significant increase in input ratio cost for production, leads to increased number of dropouts from the profession, it is estimated that over 76% of farmers would prefer to do some other work other than farming, while 60% wanted their children to migrate and settle in a city. Therefore considering the large scale migration towards alternative jobs, there is an acute threat to meet the Food Security Goals. In consonance with the above, India has slipped to 101stposition in the Global Hunger Index (GHI) 2021 of 116 countries, from its 2020 position of 94th.
- I humbly submit that, the reason for mass scale migration towards urban cities is chiefly attributed to decrease in Farm Income and in return the decrease in farm income is ascribed to increased cost of farm production owing to various factors. Out of the various factors, the increase in cost of fuel plays vital part as many farms are mechanised in the State of Tamil Nadu. Studies have revealed that, major farms in Tamil Nadu depend on Diesel Pumps for irrigation purposes. The statistics of District wise usage of Diesel Pumps are stated below
District | No of Diesel Pump |
Cuddalore
Dindigul Krishnagiri Dharmapuri Kancheepuram Viluppuram Thiruvannamalai Coimbatore Pudukkottai Thanjavur Erode Thiruvarur Tiruchirappalli Vellore Tirunelveli Thiruvallur Theni Salem Namakkal Sivagangai Nagapattinam Virudhunagar |
127292
75547 69822 60410 24928 18968 10149 3936 3716 3146 3111 2490 2323 2191 1747 1711 1575 1242 971 433 391 81 |
Total Districts = 22 | Total Diesel Pump = 4,16,180/- |
- as per the recommendations of the National Commission of Farmers, 2006 (year of agricultural renewal third report), there needs to be uniform rates of VAT in all the States and network connectivity between authorities where information regarding movement of goods from one VAT jurisdiction to another can be exchanged online may do it away with need for having physical barriers. Also it was recommended that Purchase tax or VAT should be exempted on primary agriculture products.
- I humbly submit that, considering the plight of farmers, the state of Bihar through its “Bihar Diesel Grant Scheme”, 2020 accorded diesel subsidy to the farmers of the state, the retail price of diesel was fixed at Rs.50/Litre for the farmers registered with the scheme. Similarly the state of Karnataka has proposed to offer diesel subsidies
No. of Pages: 12
Corrs: NIL
to Farmers in the state.
- I humbly submit that, “Agriculture is considered as the Backbone of our economy” however the alarming rate of dropouts and threat to food security arising out of increased cost of production and taxes levied on petrol/diesel and motorist spirit, a representation letter dated 02.11.2021 was addressed to the Respondents. In connection with the above representation, no response whatsoever was received from the Respondents. Hence, having left with no other effective alternative remedy I approach this Hon’ble Court under Article 226 of Constitution of India among the following
GROUNDS
- That the act of the Respondent in not registering the registering the representation letter dated 02.11.2021 is illegal and as against the due process of law.
- The failure of the Respondents in considering the Petitioner representation is against the orders passed by this Hon’ble Court.
- That the action/ inaction of the Respondents have resulted in violation of the rights of the Farmers enshrined under Article 21 of the Constitution of India.
- The inaction of the Respondents, have led to increased instances of inflation in the essential commodities and food produce.
- The respondents owe a fundamental duty to preserve and protect the rights of the farmers particularly entrusted with the responsibility to preserve food security.
No. of Pages: 13
Corrs: NIL
- That the increased consumer subsidy in the fiscal year 2020 has led to increase input production cost which are ultimately borne by the farmers.
The Petitioner craves leave of this Hon’ble Court to raise additional grounds at the time of arguments.
- I am advised to state that the Petitioner herein has no alternate remedy and therefore has approached this High Court, in exercise of its powers under Article 226 and its supervisory power and control over the Respondents. I state that the Petitioner herein has not filed any petition seeking similar relief for direction before any court of law and as such, the relief sought herein, being based on equity and established principles of law of the Constitution of India, can only be granted by this Hon’ble Court. The Petitioner herein submits that the instant petition is not barred by limitation in any manner whatsoever.
- I submit that having left with no other alternative efficacious remedy; I am constrained to approach this Hon’ble Court by way of a Writ, Order or Direction more particularly a Writ of Mandamus directing the Respondents to ensure adequate food security to rural population through subsidies on Diesel, Petrol & Kerosene for farmers engaged in mechanized farming in the State of Tamil by considering my representation dated 02.11.2021 as expeditiously as possible within the time stipulated prescribed by this Hon’ble Court and pass such any or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice.
No. of Pages: 14
Corrs: NIL
PRAYER
Under the above circumstances, it is humbly prayed that this Hon’ble Court may be pleased to issue a order or direction or Writ in the nature of Writ of Mandamus directing the Respondents to ensure adequate food security to rural population through subsidies on Diesel, Petrol & Kerosene for farmers engaged in mechanized farming in the State of Tamil by considering my representation dated 02.11.2021 as expeditiously as possible within the time stipulated prescribed by this Hon’ble Court and pass such any or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice.
Solemnly affirmed at Chennai on } BEFORE ME
this the day of December, 2021 }
and signed his name in my presence }
ADVOCATE , CHENNAI
No. of Pages: 15
Corrs: NIL
HIGH COURT:: MADRAS
W.P. (PIL)No. of 2021
AFFIDAVIT OF THE PETITIONER
M.Dinesh (E.No. 1342/2016)
K.M.Mrithunjayan (E.No.2048/18)
A.M.Manav (E.No.2050/18)
T.Suchitra(E.No.2585/21)
COUNSEL FOR PETITIONER
Ph No: +91 72999 29914
IN THE HIGH COURT JUDICATURE AT MADRAS
(Special original jurisdiction)
W.P.No. of 2021
AYYAA
S/o. S.M.Subramanian,
…..Petitioners
Vs
Union of India
Represented by its Cabinet Secretary
& 3 other
…Respondents
VAKALAT
I, AYYAA S/o S.M.Subramanian ,herein in the above Petition/Appeal do hereby appoint and retain
M/s. M.Dinesh (E.No. 1342/2016) K.M.Mrithunjayan (E.No.2048/18) A.M.Manav (E.No.2050/18), T.Suchitra(E.No.2585/21)
Advocates of the High court to appear for me/us in the above Appeal/Petition and to conduct and prosecute (or defend) the same and all proceedings that may be taken in respect of any application connected with the same or any decree or order passed therein including all applications for return of documents or the receipt to any moneys that may be payable to me /us in the said Appeal /Petition and also in appeal under section 15 of the letters patent and application for leave to the Supreme court of India and in all applications for review judgment.
I certify that the contents of this vakalat were
read out and explained in English/Tamil in my
presence to the executant who appeared perfectly
to understand the same and made his/her/their
signature in my presence
Executed before me on this the day of December,2021.
COUNSEL FOR PETITIONER
ACCEPTED: The address for services of all notices and processes is that of the Counsel At No. Office: 76, III Floors, Marshalls Road, Egmore, Chennai- 600 008.
HIGH COURT:: MADRAS
W.P. (PIL)No. of 2021
VAKALAT
M.Dinesh (E.No. 1342/2016)
K.M.Mrithunjayan (E.No.2048/18)
A.M.Manav (E.No.2050/18)
T.Suchitra(E.No.2585/21)
COUNSEL FOR PETITIONER
Ph No: +91 72999 29914
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(SPECIAL ORIGINAL JURISDICTION) W.P.(PIL)No. OF 2021
AYYAA
S/o. S.M.Subramanian,
1/64, IOB Colony, Maharaja Nagar,
Palayamkottai, Tirunelveli -627011.
….Petitioner
VS.
Union of India
Represented by its Cabinet Secretary
& 3 others
…. Respondent
BATTA
- Union of India
Represented by its Cabinet Secretary
Rashtrapati Bhawan, President’s Estate,
New Delhi, Delhi 110004
- Ministry of Agriculture & Farmers’ Welfare
Represented by its Secretary
Krishi Bhawan, Room No. 120,
First floor, Dr Rajendra Prasad Rd,
New Delhi, Delhi 110001
- Ministry of Finance
Represented by its Secretary
No.15, Safdarjung Road,
New Delhi.
- State of Tamil Nadu
Represented by its Chief Secretary
Namakkal Kavignar Maaligai,
Fort St. George, Chennai,
Tamil Nadu 600009
…. Respondent
Court fee paid Rs.120/-
Dated at Chennai on this day of December,2021
COUNSEL FOR PETITIONER
HIGH COURT:: MADRAS
W.P. (PIL)No. of 2021
BATTA
- Dinesh (E.No. 1342/2016)
K.M.Mrithunjayan (E.No.2048/18)
A.M.Manav (E.No.2538/18)
T.Suchitra(E.No.2585/21)
COUNSEL FOR PETITIONER
Ph No: +91 72999 29914