M/S.Aishwarya Spices, v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.20529 of 2018 and W.M.P.No.24141 of 2018

1. M/s.Aishwarya Spices Rep. by its Proprietor, Mrs.B.Nalini Kumari 17/36, A.C.M.A, Mill Street, Pollachi - 642 001.

2. M/s.Sri Meenakshi Traders Rep. by its Proprietor Mr.M.Somasundaram 29, Goods-Shed Road, Rajagopal Compound, Pollachi - 642 001

3. M/s.K.S.N.Traders, Rep. by its Proprietor Mr.K.S.Narayanasamy 28-A, Rajagopal Compund, Good-Shed Road, Pollachi - 642 001.

4. M/s.K.Arumugam Rep. by its Proprietor Mr.K.Arumugam 30/6, Good-shed Road, Rajagopal Compound, Pollachi - 642 001.

5. M/s.Sri Srinivasa Traders, Rep. by its Proprietor Mrs.S.Sakunthala 19/35, A.C.M.A. Mill Road, Pollachi - 642 001.

...Petitioners

Vs.

1. The Secretary to Government Agriculture Department Fort St.George Chennai - 600 009.

2. The Commissioner of Agricultural Marketing and Agri Business, Chennai - 600 032.

3. The Secretary The Coimbatore Market Committee Rep. by its Superintendent of Markets, Regulated Market, Pollachi Taluk, Coimbatore District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent to consider the representations of the petitioners dated 09.05.2018 and 10.05.2018 and further to exercise its power under the provisions of the Tamil Nadu Agriculture Marketing Regulation Act and thereby issue a Notification under Section 9 & 65 of the said Act and consequently stop levying/demanding Market Fees for the inter-state purchase and sale of dried red chillies outside the Notified Area of the Pollachi Taluk.

For Petitioners :

Mr.Ami V.Kataria For Respondents :

Mr.R.Govindasamy Special Government Pleader for R1 and R2 Mr.V.Jayaprakash Narayanan for R3 O R D E R This writ petition is filed seeking for the following relief: To issue a Writ of Mandamus, directing the 3rd respondent to consider the representations of the petitioners dated 09.05.2018 and 10.05.2018 and further to exercise its power under the provisions of the Tamil Nadu Agriculture Marketing Regulation Act and thereby issue a Notification under Section 9 & 65 of the said Act and consequently stop levying/demanding Market Fees for the inter-state purchase and sale of dried red chillies outside the Notified Area of the Pollachi Taluk.

2. It is represented by the learned counsel for the petitioners that during the pendency of the writ petition, the 2nd respondent has passed an order on 05.01.2019 rejecting the claim of the petitioners.

3. If the claim of the petitioners is rejected by passing such an order, it is for the petitioners to challenge the same in the manner known to law. Since the representation made by the

petitioner has already been considered and rejected, nothing survives in this writ petition to be adjudicated upon further.

4. Accordingly, this Writ Petition is disposed of by granting liberty to the petitioners to challenge the order dated 05.01.2019 in the manner known to law by raising all the contentions. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar vsi To

1. The Secretary to Government Agriculture Department Fort St.George Chennai - 600 009.

2. The Commissioner of Agricultural Marketing and Agri Business, Chennai - 600 032.

3. The Secretary The Coimbatore Market Committee Rep. by its Superintendent of Markets, Regulated Market, Pollachi Taluk, Coimbatore District.

+1 cc to Mr.V.Kataria, Advocate, S.R.No.15381 +1 cc to Mr.V.Jayaprakash Narayanan, Advocate, S.R.No.15623 +1 cc to the Government Pleader, S.R.No.16648 W.P.No.20529 of 2018 PP(CO) SSM(19/03/2019).