High Court Bench orders auctioning of PDS rice as cattle feed

72 tonnes unfit for human consumption due to prolonged legal battle

The Madras High Court Bench here has ordered for the auction of 72.65 tonnes of Public Distribution System (PDS) rice as cattle feed since it had become unfit for human consumption due to a prolonged legal battle between Tamil Nadu Civil Supplies Corporation (TNCSC) and five of its hulling agents in Thanjavur since last year.

A Division Bench of Justices V. Ramasubramanian and V.M. Velumani also ordered that the rest of 166.30 tonnes of rice out of the total consignment of 239 tonnes, which had been a subject of dispute between TNCSC and the hulling agents, could be distributed through ration shops after re-polishing so that it also does not end up getting spoiled.

The orders were passed while allowing five writ appeals preferred by TNCSC against a single judge’s decision to quash show cause notices issued by it to the five rice mills appointed as its hulling agents in Thanjavur district.

The notices had accused the agents of having supplied rice other than the one obtained through hulling paddy handed over to them.

According to the appellants, the job of the agents was to hull the paddy procured by the Food Corporation of India and hand over the rice to TNCSC for distribution through ration shops.

But when they supplied unconnected rice in June 2013, the corporation chose to initiate action.

Immediately, the rice mill owners filed individual writ petitions and got the show cause notices quashed in July 2013.

Holding that the single judge had quashed the show cause notices on an erroneous ground that the analysis of the rice samples was not done within a day, the Division Bench said that TNCSC’s Quality Control Manual mandated only drawing of samples within a day though the analysis thereafter could take time since it involved a scientific process.

“From the calendar, the appellants have been able to demonstrate that there was no delay in drawing the samples and sending them to regional laboratories. Therefore, the delay in analysing the samples cannot be put against the appellants,” the Bench said and set aside the single judge’s order.

It also directed the mill owners to submit their replies to the show cause notices within two weeks.

In the meantime, since the Thanjavur Collector had reported that huge quantity of the rice, stored in various warehouses, had already become unfit for human consumption, the judges ordered for the disposal of the entire consignment without prejudice to the rights of the appellants as well as the mill owners.