Chennai Koyambedu Onion v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.07.2018
CORAM:
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P. No.13099 of 2017 & W.M.P.Nos.13991 & 13992 of 2017 Chennai Koyambedu Onion Wholesale Traders Association, rep. by its President M.John Valtharis, No.J-108, Vegetable Market, Koyambedu, Chennai - 600 092 .. Petitioner Vs.
1.The Secretary, Housing and Urban Development Department, Fort St. George, Secretariat Building, Chennai - 600 009.
2.The Secretary, Municipal and Local Administration, Fort St. George, Secretariat Building, Chennai - 600 009.
3.The Member-Secretary, Chennai Metropolitan Development Authority, Gandhi-Irwin Road, Chennai - 600 008.
4.The Koyambedu Market Management Committee, Rep. by its Chairman, CMDA, Gandhi-Irwin Road, Chennai - 600 008.
5. The Chief Administrative Officer, Market Management Committee, Koyambedu Wholesale Market Complex, Koyambedu, Chennai - 600 092.
6. The Commissioner, Corporation of Chennai, Rippon Building, Chennai.
.. Respondents PRAYER:
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the Tender Notification No.2/2017-2018, dated 13.04.2017 issued
by the fifth respondent and quash the same and direct the respondents to revise the rate proposed entry fee. For Petitioner : Mr.R.Anburaj For Respondents : Mr.V.Shanmuga Sundar Special Government Pleader for R1 and R2 Mr.P.Tamilmani Standing Counsel for R3 Mr.M.Velmurugan Standing Counsel for R4 and R5 Mr.T.C.Gopalakrishnan Standing Counsel for R6
O R D E R
Heard Mr.R.Anburaj, learned counsel for the petitioner; Mr.V.Shanmuga Sundar, learned Special Government Pleader for the respondents 1 and 2; Mr.P.Tamilmani, learned Standing Counsel for the third respondent; Mr.M.Velmurugan, learned Standing Counsel for the respondents and 5;
Mr.T.C.Gopalakrishnan, learned Standing Counsel for the sixth respondent and perused the materials available on record.
2. This Writ Petition has been filed by the registered association in Koyambedu Wholesale Market Complex, challenging the notification of the fifth respondent, dated 13.04.2017.
3. The petitioner would state that originally the respondents permitted parking of vehicles entering into the Koyambedu Wholesale Market Complex for 24 hours for the purpose of loading and unloading of goods, but later the time was reduced to 12 hours. The grievance of the petitioner is that by the impugned notification, the time is further reduced to 4 hours by introducing Access Control System with boom barriers.
4. Mr.M.Velmurugan, learned Standing Counsel for the respondents 4 and 5, on instructions, submitted that the respondents have now agreed to maintain the existing system and on additional payment of GST alone.
5. Mr.R.Anburaj, learned counsel for the petitioner submitted that the petitioner-Association is ready to pay the existing entry fee along with G.S.T.
6. Recording the submissions of the learned counsel on either side, this Writ Petition is disposed of as no further adjudication is required. There is no order as to costs. Consequently, connected miscellaneous petitions are closed. -s/d- Deputy Registrar True Copy Sub-Assistant Registrar r n s To 1.The Secretary, Housing and Urban Development Department, Fort St. George, Secretariat Building, Chennai - 600 009.
2.The Secretary, Municipal and Local Administration, Fort St. George, Secretariat Building, Chennai - 600 009.
3.The Member-Secretary, Chennai Metropolitan Development Authority, Gandhi-Irwin Road, Chennai - 600 008.
4.The Koyambedu Market Management Committee, Rep. by its Chairman, CMDA, Gandhi-Irwin Road, Chennai - 600 008.
5.The Chief Administrative Officer, Market Management Committee, Koyambedu Wholesale Market Complex, Koyambedu, Chennai - 600 092.
6.The Commissioner, Corporation of Chennai, Rippon Building, Chennai.
+1 CC to Mr.M. Velmurugan, Advocate sr 45805. +1 CC to Mr.P. Tamlimani, Advocate sr 45407.
W.P. No.13099 of 2017 & W.M.P.Nos.13991 & 13992 of 2017 SP(31/07/2018)