HC bench dismisses pleas

Madras High Court Bench here has dismissed petitions filed by fertilizer dealers, challenging cancellation of their licences by the Agriculture Department for allegedly diverting subsidised fertilizers to other states and for non-farm use.

Justice V.Ramasubramanian said the allegations against the petitioners were serious. Though prosecution is stayed,it cannot be said that even the proceedings for cancellation of certificate of registration cannot go on, the judge said.

The judge rejected the contention of petitioners that another single judge of the High Court had stayed criminal prosecution against them and Agriculture department should be not allowed to carry on proceedings for cancellation of licence. Dismissing the petitions, the judge said it was open to the petitioners to file appeals against the cancellation to the state government.

The dealers had received showcause notices on Sept28 alleging that they were indulging in sale and smuggling of fertilizers to other states for purposes other than for agricultural uses and asking as to why the licences should not be revoked.

The notices had a reference to an internal communication sent by the Commissioner of Agriculture to Joint Directors of Agriculture of Pudukkottai, Thanjavur, Thiruvarur, Thiruvannamalai, Cuddalore, Tiruchirappalli, Kancheepuram, Villupuram, Dindigul, Nagapattinam and Erode.

In all 13 Petitions were filed by proprietary concerns of which one A.Natarajan is the proprietor,or partnership firms of which he is the partner. The Agriculture Department submitted that petitioners were licensed dealers, which enable them to buy potash at subsidised rates. It was found that they diverted subsidised fertiliser to other states and also for idustrial use and non farm use. After notices were issued,the licences were cancelled.