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The Madras High Court has issued a notice to the Tamil Nadu government on a writ plea to cancel a tender it floated on February 13 to procure tur dal and Canadian yellow lentil for supply through ration shops and not considering masoor dal (red lentils) for the procurement.
Admitting the writ filed by M Arumugam of Sri Sai Impex, justice Anita Sumanth asked the Tamil Nadu Government and the Civil Supplies Department to file their counters before the next hearing on April 10.
The writ has been filed after the Tamil Nadu Civil Supplies Department rejected a plea from Sri Sai Impex, an empanelled supplier of pulses and a lentil importer, to include red lentils among the pulses distributed through ration shops.
The department was asked to consider the importer’s plea by Justice Anita Sumanth while disposing of a petition filed earlier by Sri Sai Impex.
State’s rejection argument
One of the reasons pointed out by Sri Sai Impex for cancelling the tender and considering its plea is the argument put forth by the Civil Supplies Department to reject its request to consider including red lentils.
In his response to Arumugam, the State’s additional chief secretary said the State government had taken a decision to procure red lentil in 2017 but it was challenged in the High Court.
“An attempt made by the Tamil Nadu Civil Supplies Corporation/ Government to procure masoor dal without mixture of kesari dal. The said process being Herculean, the Government as a policy decision to ensure the safety and welfare of its people had decided to only procure tur dal for supply to its special public distribution system,” said the additional chief secretary.
Referring to the mixture of kesari dal, Sri Sai Impex, in its current petition, argued that the State government had in its 2017 order allowed the procurement of red lentils by the Civil Supplies Department.
What TN said in 2017
When the decision was challenged in the Madurai bench of the High Court, the State Government contested it, saying: “.. Masoor Dal as such is having high protein nutritive value. Masoor Dal has good source of cholesterol lowering fibre. It cooks quickly resulting in saving fuel cost. Masoor Dal is most economical when compared with other dal. Consumption of Masoor Dal reduces breast cancer. Thus, Masoor Dal has more nutritive value and is widely consumed in various States. The total consumption of Masoor dal in the country is of the order of 10 lakh tonnes.“
The Madurai Bench in 2017 ruled “In view of the apprehension raised by the petitioner, we deem it fit and proper to issue the following directions to the respondents to ensure that masoor dhal is supplied without any mixture of kesari dal.”
The dal should be free from colour and presence of kesari dal, the court said, adding that samples of the pulses should be sent to accredited food analytical laboratories and then sent for distribution through ration shops.
Centre’s suggestion
Arumugam argued that when the Tamil Nadu government had argued in favour of red lentils in 2017, it should consider including it given its health and financial benefits.
Stating that the State government floated a tender on February 13 to procure tur dal and Canadian yellow lentil, the importer said it had issued the tender despite being well aware of the court ruling ordering that Sri Sai Impex plea be considered.
Pointing out the Union Department of Consumers Affairs letter to the Tamil Nadu government in November 2023 that it consider distributing red lentils through ration shops in view of its price being lower, which could reduce the subsidy burden, the petition said the decision to reject its plea as “non-application of mind and arbitrary”.
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