The petitioner in the above writ petition confines their prayer for consideration of Ext.P6 representation seeking cancellation of the black listing, which was effected by Ext.P2. Bereft of detailed facts, the petitioner Society is a paddy procurement society, who procures paddy from the members and then sells it to the mills. In selling the paddy procured from its members to the mills, the contention is that, the price would have to be lower than the price fixed by the Government, since the market price would be always lower. After selling the paddy procured to the mills, there would be short fall, insofar as the price entitled to the member, as fixed by the Government. After disbursing the amounts paid by the mills, there was a system by which the Government passed on the balance amounts as handling charges, which on payment by the Government was disbursed to the member, farmers, as against the credit notes issued earlier. 2. On an enquiry being conducted, the entire process by which procurement and sale were effected was found to be irregular. By Ext.P2 order, the petitioner Society was black listed. Though the irregularity was revealed on enquiry, considering the hardship of the farmers by Ext.P2 order, it was directed that, when such procedure was carried on validly, after sanctioning of such procurement and before the black listing; the handling charges are to be paid by the Government and the same has to be disbursed to the petitioner Society for payment to its members.
3. In Ext.P2, it was found that the District Collector had sanctioned the procurement of paddy on 20.02.2002 and the petitioner was black listed on 09.09.2002. It was the amount due in the interregnum that was sanctioned by Ext.P2. However, the black listing was continued, for reason of the irregular procedure adopted and non-disbursement of sale price, as fixed by the Government, to the farmers/members of the Society.
4. The amounts sanctioned even as per Ext.P2 was not disbursed, and hence the above the writ petition was filed. While the writ petition was pending, it is submitted that, the amounts as directed in Ext.P2 was paid and the petitioner Society has also passed it on to the farmers/members.
5. The present grievance is with respect to the black listing. The petitioner submits that it can be urged; with substantial evidence before the authority, the 1st respondent, before whom Ext.P6 representation has been filed, that there is absolutely no reason why it should be continued. In the circumstance of the confined prayer made, the 1st respondent shall look into the contentions of the petitioner, with reference to Ext.P6 representation, if the same has been received in the office of the 1st respondent in original. The consideration shall be made within two months from the date of production of the certified copy of this judgment, along with the copy of the writ petition, as also the documents referred to in Ext.P6. The petitioner shall also be afforded an opportunity of personal hearing before a decision is taken. It is made clear that this Court has not observed anything on merits of the black listing effected and the continuance of withdrawal of the same would be exclusively in the domain of the authority.
The writ petition is disposed of.
Sd/-
K. VINOD CHANDRAN, JUDGE SB // True Copy // P.A To Judge.