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Madras High CourtWP/30553/2016dismissed as infructuous

Cauveripadukai Velan Villai v. The State Of Tamil Nadu

2023-03-30Honourable Mr Justice S.M. Subramaniam8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and W.M.P.No.26494 of 2016 Cauveripadukai Velan Villai Porul Viyabarigal Sangam, Thiruvarur, Rep. by its Secretary G.Ukthinathan, S/o.P.Ganapathy, No.9, Sivaprakasa Mada Theru, Maddapuram, Thiruvarur-610 001.

...Petitioner

-Vs1. The State of Tamil Nadu Rep by its Secretary to Government Agriculture Department, Secretariat, Fort St.George Chennai-600 009

2. The Principal Secretary/ Commissioner Agriculture Marketing & Agri Business Thiru.Vi.Ka. Industrial Estate Guindy, Chennai-600 032

3. The Secretary Kanchipuram Market Committee, Kanchipuram-631 502

4. The Secretary Vellore Market Committee, Vellore-632 001 1/8

5. The Secretary Thiruvannamalai Market Committee Thiruvannamalai-606 601

6. The Secretary Cuddalore Market Committee, Cuddalore-607 001

7. The Secretary Villupuram Market Committee, Villupuram-605 602

8. The Secretary Salem Market Committee, Salem-636 010

9. The Secretary Dharamapuri Market Committee, Dharmapuri-636 702

10. The Secretary Coimbatore Market Committee, Coimbatore-641 045

11. The Secretary Erode Market Committee, Erode-638 001

12. The Secretary Thirichirapalli Market Committee, Trichy-620 020

13. The Secretary Thanjavur Market Committee, Thanjavur-613 009

14. The Secretary Thiruvarur Market Committee, Thiruvarur-610 001 2/8

15. The Secretary Nagapattinam Market Committee, Nagapattinam-611 001

16. The Secretary Pudhukottai Market Committee, Pudhukottai-622 001

17. The Secretary Madurai Market Committee, Madurai-625 202

18. The Secretary Theni Market Committee, Theni-625 531

19. The Secretary Dindugal Market Committee, Dindugal-624 001

20. The Secretary Ramanathapuram Market Committee, Virudhungar- 626 001

21. The Secretary Thirunelveli Market Committee, Thirunelveli-627 002

22. The Secretary Kanyakumari Market Committee, Nagarkoil-629 001

23. The Secretary Nilgiri Market Committee, Ooty-643 001

24. The Secretary Tirupur Market Committee, Tirupur-638 601

...Respondents

3/8

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Declaration, to declare the functioning of 22 Market committees in the State of Tamil Nadu in the absence of constitution of Market Committee under Section 10 of Tamil Nadu Agricultural Produce Marketing (Regulation) Act 1987 beyond 30/05/2015 as ultra vires and illegal and consequently forbearing the Secretary of the 22 Market Committees from enforcing the provisions of Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987 and Rules of 1991 and By-Laws made there under.

For Petitioner : Mr.G.Sankaran, Senior Counsel for Mr.S.Nedunchezhiyan For Respondents :

(for R-1 & 2) : Mr.J.Ravindran, AAG, assisted by Mr.P.Sanjay Gandhi, Govt.Advocate (for R-3 to 24) : Mr.V.Jayaprakash Narayanan

O R D E R

The learned senior counsel appearing on behalf of the petitioner made a submission that the period expired and thus, the cause does not exist as of now. Therefore, no further adjudication is required. 2.In view of the submission and considering the fact that the period had expired, no further adjudication is required. There is no impediment 4/8

for the authorities to initiate appropriate action in the manner known to law.

3.Accordingly, the writ petition stands disposed of as infructuous. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(sha) 30.03.2023 Index : Yes (2/2) Speaking Order To

1. The State of Tamil Nadu Rep by its Secretary to Government Agriculture Department, Secretariat, Fort St.George Chennai-600 009

2. The Principal Secretary/ Commissioner Agriculture Marketing & Agri Business Thiru.Vi.Ka. Industrial Estate Guindy, Chennai-600 032

3. The Secretary Kanchipuram Market Committee, Kanchipuram-631 502

4. The Secretary Vellore Market Committee, Vellore-632 001 5/8

5. The Secretary Thiruvannamalai Market Committee Thiruvannamalai-606 601

6. The Secretary Cuddalore Market Committee, Cuddalore-607 001

7. The Secretary Villupuram Market Committee, Villupuram-605 602

8. The Secretary Salem Market Committee, Salem-636 010

9. The Secretary Dharamapuri Market Committee, Dharmapuri-636 702

10. The Secretary Coimbatore Market Committee, Coimbatore-641 045

11. The Secretary Erode Market Committee, Erode-638 001

12. The Secretary Thirichirapalli Market Committee, Trichy-620 020

13. The Secretary Thanjavur Market Committee, Thanjavur-613 009

14. The Secretary Thiruvarur Market Committee, Thiruvarur-610 001 6/8

15. The Secretary Nagapattinam Market Committee, Nagapattinam-611 001

16. The Secretary Pudhukottai Market Committee, Pudhukottai-622 001

17. The Secretary Madurai Market Committee, Madurai-625 202

18. The Secretary Theni Market Committee, Theni-625 531

19. The Secretary Dindugal Market Committee, Dindugal-624 001

20. The Secretary Ramanathapuram Market Committee, Virudhungar- 626 001

21. The Secretary Thirunelveli Market Committee, Thirunelveli-627 002

22. The Secretary Kanyakumari Market Committee, Nagarkoil-629 001

23. The Secretary Nilgiri Market Committee, Ooty-643 001

24. The Secretary Tirupur Market Committee, Tirupur-638 601 7/8

S.M.SUBRAMANIAM . J., (sha) 30.03.2023 (2/2) 8/8