The South Indian Iron & v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR & M.P.No.1 of 2013 The South Indian Iron & Hardware Merchants' Association Rep. by its Secretary S.A.Azez having registered office at S.M.Court, II floor 54, Sembudoss street Chennai-600001
...Petitioner
Vs.
1.The Secretary Housing & Urban Development Department Tamil Nadu Secretariat Fort St.George, Chennai-5 2.The Member Secretary Chennai Metropolitan Development Authority cum The Chairman Market Committee The Sathangadu Iron and Steel Market Area 1A, Gandhi Irwin Road, Tower-I Egmore,Chennai-600 008 ... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus directing the first and second respondent herein to reconstitute the market committee of the iron and steel
market Sathangadu by appointing 3 traders from among the licensed traders as committee members of the market committee and 3 representatives nominated from among the recognized Traders Association by thelocal authority as members of the market committee of the Sathangadu iron and steel market in accordance with the provisions of Tamil Nadu specified Commodities Markets (Regulation of Location) Act 1996. For Petitioner : Mr.R.Jegadeesan for K/s. K.V.Subramianm Associates For Respondents : Mr.S.Rajesh, Govt.Advocate for R1 Mr.R.Arunkumar for R2
O R D E R
Writ Petition is filed seeking to direct the first and second respondent herein to reconstitute the market committee of the iron and steel market Sathangadu by appointing 3 traders from among the licensed traders as committee members of the market committee and 3 representatives nominated from among the recognized Traders Association by thelocal authority as members of the market committee of the Sathangadu iron and steel market in accordance with the provisions of Tamil Nadu specified Commodities Markets (Regulation of Location) Act 1996.
2. It is the contention of the petitioner that as per Sec.8(a) (b) of the The Tamil Nadu Specified Commodities Markets (Regulation of Location) Act, 1996 3 traders from among the license traders as committee members of the market committee and 3 associations from among the cadres association by the local body as members of the market committee of the Sathangadu iron and steel market is mandatory. However, such members has not been included in the committee. Therefore, seeks mandamus.
3. Learned counsel appearing for the respondents would submit that they will consider the grievance of the petitioner and include in the market committee as per law.
4. In such view of the matter, the Writ Petition is disposed of with a direction to the respondents to include the eligible persons as per The Tamil Nadu Specified Commodities Markets (Regulation of Location) Act, 1996. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
08.12.2022 kpr Internet:Yes Speaking/non-speaking order
N. SATHISH KUMAR, J.
kpr To 1.The Secretary Housing & Urban Development Department Tamil Nadu Secretariat Fort St.George, Chennai-5 2.The Member Secretary Chennai Metropolitan Development Authority cum The Chairman Market Committee The Sathangadu Iron and Steel Market Area 1A, Gandhi Irwin Road, Tower-I Egmore,Chennai-600 008 & M.P.No.1 of 2013 08.12.2022