High Court · 2025

WP No. 19895 of 2020IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 27-11-2025CORAMTHE HONOURABLE MR JUSTICE M.DHANDAPANIWP No. 19895 of 2020, 2285 & 2295 of 2021ANDWMP Nos. 24559, 24560 of 2020, WMP Nos.2579 & 2580 of 2021, WMP Nos. 2595 & 2596 of 2021, & WMP No. 26659 of 2024***W.P No.19895 of 20201. The Nilgiris Bought Leaf Manufactures’ AssociationRepresented by its President, No.9, Mount Road, Conoor-643 102, The Nilgiris, Tamil Nadu.Petitioner(s)Vs1. The ChairmanTea Board of India and Registering Authority, 14, B.T.M.Sarani (Brabourne Road), Kolkata 700 0012.Executive DirectorTea Board of India, Shelwood, Cloub Road, Coonoor-642 192, Nilgiris 643 1013.Ministry of Commerce and IndustryRep. by its Joint Secretary, Government of India, New Delhi.4.Ministry of Health and Family WelfareRepresented by Its Joint Secretary, Government of India, New Delhi.(R-3, R-4 were impleaded vide Order Dt.18.03.2024 made in WMP No.3170/2024 )1 https://www.mhc.tn.gov.in/judis WP No. 19895 of 20205.Nilgiri Nelikolu Micro And Small Tea Growers And Farmers Development Society (Reg.No.101/2013),No.13/156-E, Kekkatty Village, Ellanayi Post, The Nilgiris – 643 243, Rep. by its Secretary. (R5 was Impleaded vide Order Dated 08.07.2025 made In WMP.3193/2024)Respondent(s)WP No. 2285 of 20211. B.N.BoobeshS/o. Nanjan, No.20/B/123 Hosatty, Kairbetta Village, Kotagiri, Nilgiris 643 217 2.DevarajS/o. Basavaraj, 2/60, Ajjoor, Kagguchi, Nilgiris 643 2143.K.JayarajS/o. Krishnan, 5/25, Ebbanad Iduhutty, Nilgiris 643 0024.K.ShanmugamS/o. Krishnan, 2/11, Ajjoor, Kagguchi, Nilgiris 643 2145.Sundaram KS/o. Krishnan, 2/224, Ajjoor, Kagguchi, Nilgiris 643 2146.SekaranS/o. Ganesan, 2/185, Ajjoor, Kagguchi, Nilgiris 643 2147.S.RaviS/o. Sadaku, 2/212, Ajjoor, Kagguchi, Nilgiris 643 2148.KumarS/o. Lakshmanan, 2/295, Ajjoor, 2 https://www.mhc.tn.gov.in/judis WP No. 19895 of 2020Kagguchi, Nilgiris 643 2149.NandhakumarS/o. Mallam, 2/23, Kattapettu, Kagguchi, Nilgiris 643 21410.E.KumarS/o. Eran, 2/214 Ajjoor, Kagguchi, Nilgiris 643 214Petitioner(s)Vs1. The ChairmanTea Board of India and Registering Authority, 14, B.T.M. Sarani (Brabourne Road), Kolkata 700 0012.Executive DirectorTea Board of India, Shelwood, Cloub Road, Coonoor, Nilgiris 643 101Respondent(s)WP No. 2295 of 20211. K.DevarajS/o. Kakkamallan, 2/266, Ajjoor, Kagguchi, Nilgiris 643 214 The Nilgiris2.DesingarajS/o. Ramalingam, 2/73, Ajjoor, Kagguchi, Nilgiris 643 2143.LakshmananS/o. Desing, 2/74, Ajjoor, Kagguchi, Nilgiris 643 2144.ThanguS/o. Sellaya, 3/97, Dheenatty, Masakkal, Nilgiris 643 2175.Manigandan ThangarajS/o. Thangarajan, 3/97, Dheenatty, Masakkal, Nilgiris 643 2176.M.B.John Kumar3 https://www.mhc.tn.gov.in/judis WP No. 19895 of 2020S/o. Belli, 15/521, Mynily Conoor, Nilgiris 643 1017.ChandranS/o. Bojan, 5/241, Thuneri, Nilgiris 643 0028.R.ShivanshankaranS/o. Raman, Beragal, Thuneri, Nilgiris 643 0029.ShanthoshS/o. Devaraj, Kagguchi, Nilgiris 643 214Petitioner(s)Vs1. The ChairmanTea Board of India and Registering Authority, 14, B.T.M. Sarani (Brabourne Road), Kolkata 700 0012.Executive DirectorTea Board of India, Shelwood, Cloub Road, Coonoor, Nilgiris 643 101Respondent(s)COMMON PRAYER Writ Petitions filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, calling for the records of Impugned Circular vide No. 12(23) / LC / 2006 / XV dated 23.2.2006 issued by the 1st Respondent Board and quash the same. For Petitioner(s) :in W.P Nos.19895 of 2020 & 2295 of 2021Mr.E. ManoharanFor Petitioners inW.P No.2285 of 2021: Mr.T.Mohan, Senior Counsel for M/s.S.Karthikei BalanFor R1 & R2 :in all WPs.Mr.A.R.L.Sundaresan, Additional Solicitor General, Assisted by Mr.K.Ramanamoorthy, Central Government Counsel 4 https://www.mhc.tn.gov.in/judis WP No. 19895 of 2020In W.P.19895 of 2020For R3 & R4For R5M/s. V.Chandrasekaran,SPC M/s. R.Sivakumar COMMON ORDERThese three writ petitions have been filed, challenging the impugned Circular vide No.12(23)/LC/2006/XV dated 23.02.2006 issued by the 1st respondent Board and seeking to quash the same.2.The case of the petitioners is that they are small Tea Growers and Bought Leaf Factories. The Nilgiris Bought Leave Manufacturer’s Association consist of members who are private small scale factory owners who buy green tea leaf from small tea growers (farms/land less than 25 acres) and manufacture “Made Tea” which are sold in auctions held in Coonoor, Coimbatore and Cochin. The issue herein arises from the impugned Circular issued by the 1st respondent, Tea Board bearing Reference No.12(23)/LC/2006/XV dated 23.02.2006 under Sub-clause 3 of Clause 13 of the Tea (Marketing) Control Order, 2003 (TMCO) prescribing standard of tea leaves to be used in tea manufacture, as lacking application of mind, without consideration of relevant materials and in violation of Fundamental Rights guaranteed under Article, 14, 19(1)(g) and 21 of the Constitution. Under Clause 13(3) of the TMCO, the respondent does not have the authority to direct the Growers, who are solely responsible for harvesting of the leaves. The members of the petitioner 5 https://www.mhc.tn.gov.in/judis WP No. 19895 of 2020association have no control over the same and therefore, the circular cannot be implemented on them. The requirement under the FSS Act and the Regulation therein was issued after the impugned circular, and the respondent Board has time and again mandated that the Tea must comply with the FSS Act. In the background, the impugned circular cannot be held to negate the standards under the FSS Act. The circular has been issued and is being tried to be implemented now without taking relevant considerations like climate change, global warming etc., The impugned circular, if implemented mandatory would result in a violation of the right to livelihood of the petitioners under Article 19(1)(g) and 21 of the Constitution, as the same is an excessive restriction, which is unreasonable and would bring the Tea Industry in South to a standstill. Challenging the same, the present writ petition has been filed.3.The learned Senior Counsel appearing for the petitioners submitted that while entertaining the writ petitions, this Court passed an interim order on 23.12.2020 and 05.02.2021, directing the petitioners to strictly comply with the norms prescribed under the Food Safety and Standards Act, 2006, as per the circular of the first respondent dated 19.06.2020 and also directing the respondent Board not to take any coercive action on the petitioners until further orders of this Court, pursuant to the impugned Circular dated 23.02.2006. Hence, the interim order may be continued for a period of six weeks and the 6 https://www.mhc.tn.gov.in/judis WP No. 19895 of 2020petitioners may be permitted to file necessary objections to the impugned Circular dated 23.02.2006. The 1st respondent Board has no power to revisit the 2006 Circular. However, since the standard may not be required after a lapse of 20 years, and if possible, the Tea Board may revisit the earlier Circular, pursuant to the objections made by the petitioners and pass appropriate orders.4.In response to the submissions made by the learned senior counsel for the petitioners, Mr.AR.L.Sundaresan, the learned Additional Solicitor General of India, assisted by Mr.K.Ramanamoorthy, the learned Central Government Counsel, appearing for the respondents 1 & 2, on instructions, submitted that the impugned Circular was issued for the purpose of maintaining standards, since tea manufacturers face competition to the world market. Therefore, the Circular prescribes certain standards and, at this stage, there is no possibility of revisiting them. However, if any representation or objection is made before the Tea Board, the Tea Board will consider the same and pass appropriate orders within the reasonable time to be fixed by this Court.5.Heard the learned Senior Counsel for the petitioners and the learned Additional Solicitor General of India, assisted by Central Government Counsel, appearing for the respondents 1 &2 and also perused the materials available on record.7 https://www.mhc.tn.gov.in/judis WP No. 19895 of 20206.The facts of the case are not in dispute. It is an admitted fact that a Circular dated 23.02.2006 was issued by the Tea Board prescribing certain standards for the quality of the green leaf. Aggrieved by the same, the Tea Growers and the Bought Leaf Manufacturers filed the present writ petition. A perusal of the Circular dated 23.02.2006 reveals that no opportunity was given to the petitioners before issuing the said Circular. Further, the Circular was issued in the year 2006, and after a lapse of nearly 20 years, the standard prescribed for green leaf may no longer be valid.7.In view of the above, this Court is inclined to grant permission to the petitioners to file an objection or representation to the impugned Circular dated 23.02.2006 before the first respondent, without prejudice to their rights, within a period of four (4) weeks from the date of receipt of a copy of this order. Upon receipt of the same, the 1st respondent shall, if necessary, revisit the Circular dated 23.02.2006, consider the petitioners’ representation, and pass appropriate orders within a period of four (4) weeks, thereafter. The interim order already granted by this Court shall continue, till the disposal of the objection or representation filed by the petitioners.8 https://www.mhc.tn.gov.in/judis WP No. 19895 of 20208. Accordingly, all three Writ Petitions stand disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed.27-11-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/Nouma9 https://www.mhc.tn.gov.in/judis WP No. 19895 of 2020To1.The ChairmanTea Board of India and Registering Authority, 14, B.T.M.Sarani (Brabourne Road), Kolkata 700 0012.Executive DirectorTea Board of India, Shelwood, Cloub Road, Coonoor, Nilgiris 6431013.Ministry Of Commerce And IndustryRep. By Its Joint Secretary, Government Of India, New Delhi.4.Ministry Of Health And Family WelfareRepresented By Its Joint Secretary, Government Of India, New Delhi.5.Nilgiri Nelikolu Micro And Small Tea Growers And Farmers Development Society (reg.No.101/2013),No.13/156-e, Kekkatty Village, Ellanayi Post, The Nilgiris - 643243, Rep. By Its Secretary. 10 https://www.mhc.tn.gov.in/judis WP No. 19895 of 2020M.DHANDAPANI J. umaWP No. 19895 of 2020AND WMP NO. 2580 OF 2021,WP NO. 2285 OF 2021,WP NO. 2295 OF 2021,WMP NO. 24559 OF 2020,WMP NO. 24560 OF 2020,WMP NO. 2595 OF 2021,WMP NO. 2596 OF 2021,WMP NO. 2579 OF 2021,WMP NO. 26659 OF 202427-11-202511