Madras HC points discover to Tamil Nadu govt on plea to cancel Feb 13 pulses buy tender

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The Madras Excessive Court docket has issued a discover to the Tamil Nadu authorities on a writ plea to cancel a young it floated on February 13 to obtain tur dal and Canadian yellow lentil for provide via ration retailers and never contemplating masoor dal (purple lentils) for the procurement.

Admitting the writ filed by M Arumugam of Sri Sai Impex, justice Anita Sumanth requested the Tamil Nadu Authorities and the Civil Provides Division to file their counters earlier than the following listening to on April 10. 

The writ has been filed after the Tamil Nadu Civil Provides Division rejected a plea from Sri Sai Impex, an empanelled provider of pulses and a lentil importer, to incorporate purple lentils among the many pulses distributed via ration retailers. 

The division was requested to contemplate the importer’s plea by Justice Anita Sumanth whereas disposing of a petition filed earlier by Sri Sai Impex.

State’s rejection argument

One of many causes identified by Sri Sai Impex for cancelling the tender and contemplating its plea is the argument put forth by the Civil Provides Division to reject its request to contemplate together with purple lentils.

In his response to Arumugam, the State’s extra chief secretary stated the State authorities had taken a choice to obtain purple lentil in 2017 but it surely was challenged within the Excessive Court docket.

“An try made by the Tamil Nadu Civil Provides Company/ Authorities to obtain masoor dal with out combination of kesari dal. The stated course of being Herculean, the Authorities as a coverage resolution to make sure the protection and welfare of its folks had determined to solely procure tur dal for provide to its particular public distribution system,” stated the extra chief secretary. 

Referring to the combination of kesari dal, Sri Sai Impex, in its present petition, argued that the State authorities had in its 2017 order allowed the procurement of purple lentils by the Civil Provides Division.

What TN stated in 2017

When the choice was challenged within the Madurai bench of the Excessive Court docket, the State Authorities contested it, saying: “.. Masoor Dal as such is having excessive protein nutritive worth. Masoor Dal has good supply of ldl cholesterol decreasing fibre. It cooks rapidly leading to saving gas price. Masoor Dal is most economical when put next with different dal. Consumption of Masoor Dal reduces breast most cancers. Thus, Masoor Dal has extra nutritive worth and is broadly consumed in varied States. The whole consumption of Masoor dal within the nation is of the order of 10 lakh tonnes.“

The Madurai Bench in 2017 dominated “In view of the apprehension raised by the petitioner, we deem it match and correct to situation the next instructions to the respondents to make sure that masoor dhal is provided with none combination of kesari dal.”

The dal ought to be free from color and presence of kesari dal, the courtroom stated, including that samples of the pulses ought to be despatched to accredited meals analytical laboratories after which despatched for distribution via ration retailers.

Centre’s suggestion

Arumugam argued that when the Tamil Nadu authorities had argued in favour of purple lentils in 2017, it ought to think about together with it given its well being and monetary advantages. 

Stating that the State authorities floated a young on February 13 to obtain tur dal and Canadian yellow lentil, the importer stated it had issued the tender regardless of being nicely conscious of the courtroom ruling ordering that Sri Sai Impex plea be thought-about.

Mentioning the Union Division of Shoppers Affairs letter to the Tamil Nadu authorities in November 2023 that it think about distributing purple lentils via ration retailers in view of its worth being decrease, which may cut back the subsidy burden, the petition stated the choice to reject its plea as “non-application of thoughts and arbitrary”. 

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