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The Trichy Fruits Traders Welfare ... vs The Commissioner

Madras High Court|29 June, 2017

JUDGMENT / ORDER

PRAYER: Appeal filed under Clause 15 of Letters Patent Act, to set aside the order dated 09.06.2017 made in W.M.P.(MD)No.4010 of 2017 in W.P.(MD)No.4976 of 2017 on the file of this Court.
[Judgment of the Court was made by T.S.SIVAGNANAM, J.] Heard the learned counsel for the parties and perused the materials placed on record.
2. These appeals are directed against the common order, dated 09.06.2017, passed in W.M.P.(MD) Nos.4010 to 4014 of 2017, by the Single Bench, vacating the interim order granted earlier.
3. The matter pertains to a wholesale market called as Gandhi Market, at Trichy and the writ petitions have been filed by the appellant ? Association for varied reliefs and interim relief was also sought for to restrain the respondents from in any way affecting the day-to-day business of members of the appellant ? Association.
4. It appears that initially there was an order of interim injunction granted and subsequently, when the matter was heard, the Single Bench has taken note of the submission of the learned Additional Advocate General that a sum of Rs.120 Crores has been spent for the construction of vegetable market and in view of the interim order, everything has come to a standstill.
5. The Single Bench, after taking note of the facts and circumstances of the case and also the public interest involved in the matter, by the impugned order, dated 09.06.2017, vacated the interim order already granted.
4. The learned senior counsel for the appellants would submit that the appellants are not opposing the shifting of the Market to the newly constructed market complex, but there are other issues, which have to be addressed, because it is a wholesale market and the space allotted to them is inadequate.
5. We are of the considered view that if this is the grievance of the appellant ? Association, then it is for them to approach the appropriate authority for their remedy and not to seek for injunction. In any event, the writ petitions are pending and if any further interim direction to aid and assist the trading activities is required, it is well open to the appellants to move the Writ Court for such directions. For such reasons set out by the appellants in the writ appeals, we are not inclined to entertain these appeals.
6. Accordingly, the writ appeals fail and they are dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
To
1.The Commissioner, The Agricultural Marketing & Agro Business, Thiru Vi Ka Industrial Estate, CIPET ? II Main Road, Guindy, Chennai-600032.
2.The Deputy Director, Agricultural Marketing, No.11 Arabic College Road, Kaja Nagar, Trichy.
3.The Secretary, Agricultural Marketing Committee, Trichy-8.
4.The District Collector, Trichy District, Trichy.
5.The Commissioner, Trichy Corporation, Trichy.
6.The District Environmental Engineer, No.25, Developed Plots, Thuvakudi, Trichy-15..
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Title

The Trichy Fruits Traders Welfare ... vs The Commissioner

Court

Madras High Court

JudgmentDate
29 June, 2017