IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.03.2017 CORAM THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.5099 of 2017 Periyar Market M.M.C. Urimam Pettra Viyabarigal Sangam Rep. by its President E-113, Periyar Vegetable Market Koyambedu, Chennai - 600 092. .. Petitioner Vs.
1. The Member Secretary Chennai Metropolitan Development Authority Gandhi Irwin Road, Egmore Chennai - 600 008.
2. The Chief Executive Officer Chennai Metropolitan Development Authority Gandhi Irwin Road, Egmore Chennai - 600 008.
3. The Chief Administrative Officer Market Management Committee Koyambedu Wholesale Market Complex Koyambedu, Chennai. .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents (a) to remove all unauthorised trading temporary occupation retail vending and parking of vehicles in the open space/passage between Gate No.14 to gate No. 7 of Periyar Vegetable Market, Koyambedu Wholesale Vegetable Complex, Koyambedu, Chennai - 600 092; (b) by permanently placing guards in Gate No.14 to Gate No.7, KWMC, Chennai 600 092 with sufficient strength of police personnel and also by seizing the vehicles and commodities carrying unauthorised trading activities apart from initiating penal action under Section 47 of the Tamil Nadu Specified Commodities (Regulation of Location) Act 1996; (c) Not to allow anyone to carry trading activities in KWMC without licence obtained under Section 21 of the Tamil Nadu Special Commodities (Regulation of Location) Act, 1996; and (d) direct the authorities to introduce toll gate like system at the entry points in KWMC in order to prevent entry of vehicles of unauthorized traders.
For Petitioner : Mr.Su.Srinivasan For Respondents : Mr.Rajasrinivas for respondents 1 and 2 Mr.M.Velmurugan for 3rd respondent ORDER (Order of the Court was made by the Acting Chief Justice) Mr.Rajasrinivas, learned counsel takes notice for respondents 1 and 2 and Mr.M.Velmurugan, learned counsel takes notice for the third respondent.
2. Heard the learned counsel for the parties.
3. The petitioner has filed this writ petition seeking issuance of a writ of Mandamus directing the respondents (a) to remove all unauthorised trading temporary occupation retail vending and parking of vehicles in the open space/passage between Gate No.14 to gate No. 7 of Periyar Vegetable Market, Koyambedu Wholesale Vegetable Complex, Koyambedu, Chennai - 600 092; (b) by permanently placing guards in Gate No.14 to Gate No.7, KWMC, Chennai 600 092 with sufficient strength of police personnel and also by seizing the vehicles and commodities carrying unauthorised trading activities apart from initiating penal action under Section 47 of the Tamil Nadu Specified Commodities (Regulation of Location) Act 1996; (c) Not to allow anyone to carry trading activities in KWMC without licence obtained under Section 21 of the Tamil Nadu Special Commodities (Regulation of Location) Act, 1996; and (d) direct the authorities to introduce toll gate like system at the entry points in KWMC in order to prevent entry of vehicles of unauthorized traders.
4. It is stated by the learned counsel for the respondents that the larger issue with regard to maintenance of Koyambedu Wholesale Vegetable Complex is considered by this Court in W.P.No.26149 of 2009 and this Court is periodically monitoring the matter and in this regard, Advocate Commissioners have also been appointed.
5. As the larger issue is already under consideration by this Court in W.P.No.26149 of 2009, we find no reason to entertain one more petition on the same cause of action.
The writ petition is disposed of accordingly. No costs.
Consequently, W.M.P.No.5397 of 2017 is closed.
Index : No Internet : Yes sasi To:
1. The Member Secretary (H.G.R., ACJ.) (R.M.D., J.) 03.03.2017 Chennai Metropolitan Development Authority Gandhi Irwin Road, Egmore Chennai - 600 008.
2. The Chief Executive Officer Chennai Metropolitan Development Authority Gandhi Irwin Road, Egmore Chennai - 600 008.
3. The Chief Administrative Officer Market Management Committee Koyambedu Wholesale Market Complex Koyambedu, Chennai.
HULUVADI G.RAMESH,ACJ.
AND R.MAHADEVAN,J.
(sasi) W.P.No.5099 of 2017 03.03.2017 http://www.judis.nic.in