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Madras High CourtWP/12604/2020disposed of

Chennai Koyambedu Market Naangaam v. The Secretary To Governement Of Tamil Nadu,

2020-09-10Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice R. Hemalatha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No.12604 of 2020 Chennai Koyambedu Market Naangaam, Number Gate Pallavyaparigal Munnetra Sangham, Rep. By its Secretary, M.Selvam, Shop No.T/G.23, Anna Fruit Market, Chennai - 600 107.

... Petitioner Vs 1.The Secretary to Govt. of Tamil Nadu, Department of Municipal Administration, Fort St. George, Chennai - 600 009.

2.Member Secretary, Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3.The Chief Executive Officer, Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai - 600 008.

4.The Chief Administrative Officer, Market Management Committee, Koyambedu Wholesale Market Complex, Koyambedu, Chennai - 600 092.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to open the Anna Fruit Wholesale Market in the Koyambedu Wholesale Market Complex in Chennai, by giving opportunity to all whole sale Fruit Traders who own shop and are registered as wholesale Traders with the 4th Respondent under Section 20 of the Tamil Nadu Specified Commodities (Market Regulation on Location) Act, 1996, as already about 700 of the Registered Fruit Wholesale traders are reeling under penury and

loss of livelihood due to the lockdown due to COVID-19 Pandemic since 05.05.2020 onwards, on the guidelines and instructions issued by the respondents based on the representation of the petitioner dated 31.08.2020 herein.

For Petitioner ..

Mr.M.Purushothaman For Respondents..

Mr.R.Vijayakumar Addl. Govt. Pleader for R1 Mr. Prashanth Ashok for R2 Mr.Karthik Rajan for R3 Mr.M.Velmurugan for R4

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Mr.R.Vijayakumar, learned Additional Government Pleader, takes notice for the first respondent. Mr.Prashanth Ashok, learned counsel, takes notice for the second respondent. Mr.Karthik Rajan, learned counsel, takes notice for the third respondent. Mr.M.Velmurugan, learned counsel, takes notice for the fourth respondent.

2.The petitioner made representations to the respondents 2 and 4 on 31.08.2020 seeking to open the wholesale Fruit market. 3.The learned counsel for the petitioner submitted that the said request will have to be considered as the market is for doing wholesale business only and the infection has spread because of the general public having allowed to enter. 4.Considering the submission made, we direct the second respondent to dispose of the representation of the petitioner dated 31.08.2020 within a period of one week from the date of receipt of a copy of this order.

5.The writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar

To 1.The Secretary to Govt. of Tamil Nadu, Department of Municipal Administration, Fort St.George, Chennai - 600 009.

2.The Member Secretary, Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3.The Chief Executive Officer, Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai - 600 008.

4.The Chief Administrative Officer, Market Management Committee, Koyambedu Wholesale Market Complex, Koyambedu, Chennai - 600 092.

W.P.No.12604 of 2020 bp[co] srg 14/09/2020