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.

  1. Union of India

Represented by its Cabinet Secretary

Rashtrapati Bhawan, President’s Estate,

New Delhi, Delhi 110004

 

  1. Ministry of Agriculture & Farmers’ Welfare

Represented by its Secretary

Krishi Bhawan, Room No. 120,

First floor, Dr Rajendra Prasad Rd,

New Delhi, Delhi 110001

 

  1. Ministry of Finance

Represented by its Secretary

No.15, Safdarjung Road,

New Delhi.

 

  1. 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.

  1. Union of India

Represented by its Cabinet Secretary

Rashtrapati Bhawan, President’s Estate,

New Delhi, Delhi 110004

 

  1. Ministry of Agriculture & Farmers’ Welfare

Represented by its Secretary

Krishi Bhawan, Room No. 120,

First floor, Dr Rajendra Prasad Rd,

New Delhi, Delhi 110001

 

  1. Ministry of Finance

Represented by its Secretary

No.15, Safdarjung Road,

New Delhi.

 

  1. 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

  1. I am the Petitioner herein as such I am well acquainted with the facts and circumstances of the case.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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

  1. 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

 

  1. 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.

 

  1. 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.

 

  1. 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

  1. 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.

 

  1. 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/-

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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

  1. Union of India

Represented by its Cabinet Secretary

Rashtrapati Bhawan, President’s Estate,

New Delhi, Delhi 110004

 

  1. Ministry of Agriculture & Farmers’ Welfare

Represented by its Secretary

Krishi Bhawan, Room No. 120,

First floor, Dr Rajendra Prasad Rd,

New Delhi, Delhi 110001

 

  1. Ministry of Finance

Represented by its Secretary

No.15, Safdarjung Road,

New Delhi.

 

  1. 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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  1. 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

 

You may also like...