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Madras High CourtWP/12923/2021disposed of

R.Rajakandhan v. The Member Secretary

2021-07-05Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2021

CORAM

THE HON'BLE MR.JUSTICE D. KRISHNAKUMAR W.P.No. 12923 of 2021 R.Rajakandhan ..Petitioner Vs

1. The Member Secrtary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-600008.

2.The Chief Executive Officer, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-600008.

3.The Chief Administrative Officer, Market Management Committee, Koyambedu Wholesale Market Complex, Koyambedu, Chennai - 600092.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, Directing the Respondents to pass appropriate orders considering the Petitioners representation dated 07.04.2021 as he possess Registration certificates as wholesale traders issued by the 3rd Respondent authority under section 20 21 and 22 of The Tamil Nadu Specified commodities (Market Regulation on Location) Act 1996 for the shop No.T/F- 119 sought by petitioner and to permit only persons doing wholesale business and already registered as wholesale traders by the 3rd Respondent under section 20 of the Act 24 of 1996 to participate in the allotment process within the time stipulated.

For Petitioner : M.Purushothaman For Respondents : Mr.S.Thiruvengadam - R1 & R2 Mr.M.Velmurugan - R3

O R D E R

The prayer sought for in the Writ Petition is to direct the respondents to consider the petitioner's representation dated 07.04.2021within a stipulated time as fixed by this Court.

2. Brief facts of the case is that the petitioner has made representation to the 1st respondent to allot a allot a vacant shop No. T/F-119 as he possess registration certificate as wholesale traders issued by the 3rd respondent authority under Section 20,21 and 22 of the Tamil Nadu Specified Commodities (Market Regulation on Location) Act, 1996. Since there was no response from the respondents, the present writ petition is being filed.

3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents 1& 2 and the learned counsel appearing for the 3rd respondent and perused the documents available on record.

4. The learned counsel appearing for the petitioner further submitted that it would suffice, if this Court issues direction to the 1st respondent to consider the petitioner's representation dated 07.04.2021 and pass appropriate orders within the reasonable time as fixed by this Court.

5. Having regard to the submissions made by the learned counsel for the petitioner and taking into consideration the limited prayer sought for in the Writ Petition, without expressing any opinion with regard to the merits of the case, this Court directs the 1st respondents to consider the petitioner's representation dated 07.04.2021 and pass orders on merits and in accordance with law as expeditiously as possible, in any event, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ak To

1. The Member Secrtary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-600008.

2.The Chief Executive Officer, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-600008.

3.The Chief Administrative Officer, Market Management Committee, Koyambedu Wholesale Market Complex, Koyambedu, Chennai - 600092..

+1cc to Mr.M.VelMurugan,Advocate, SR No. 31492 +1cc to Mr.S.Thiruvengadam,Advocate, SR No. 31544 W.P.No. 12923 of 2021 PCH(CO) B.VC (03/08/2021)