Polyhedron v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 31.01.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH Polyhedron TIN: 33312902840 Rep. by its Proprietor S.Siva Shanmugam, 30, towerline Colony, Collectorate PO, Erode District.

... Petitioner Vs 1.State of Tamil Nadu Rep. by its Secretary to Government Agricultural Department, Fort St.George, Chennai - 9.

2.The Tamil Nadu State Agricultural Marketing Board, Rep. by its Commissioner, Agricultural Department Marketing, Guindy, Chennai - 32.

3.Erode Agricultural Marketing Committee, Rep. by its Secretary, Erode.

4.The Superintendent, Agricultural Marketing Committee, Erode, Erode District.

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents from enforcing the provisions of the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987 and the rules made thereunder or Byelaws by any Marketing Committee in respect of Purchase of any notified Agricultural produce effected outside the notified market area or outside the market premises of notified area and sold inside or outside the market area issued in the Government Gazette in G.O.Ms.No.3 & 4, dated 03.01.2003 issued by the 1st respondent. For Petitioner : Mr.C.Prakasam For Respondents : Mr.B.Vijay Additional Government Pleader - R1 & R2 Mr.V.Jaya Prakash Narayan - R3 & R4

O R D E R

All learned counsel would concur on the position that the prayer sought for in this writ petition being a mandamus forbearing the respondents from enforcing the provisions of the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987 and connected Rules and bye laws in respect of notified agricultural produce effected out side the notified market area, stands covered against the petitioner by a decision of a Division Bench of this Court in the case of Thiruvarur Agricultural Marketing Committee v. State of Tamil Nadu (CDJ 2015 MHC 8336).

2.In light of the aforesaid order, which is binding on this Court, this writ petition seeking mandamus as sought for is not liable to be issued and this writ petition is dismissed. No costs. Connected miscellaneous petition is closed. 31.01.2023 vs Index : No Speaking Order To 1.State of Tamil Nadu Rep. by its Secretary to Government Agricultural Department, Fort St.George, Chennai - 9.

2.The Tamil Nadu State Agricultural Marketing Board, Rep. by its Commissioner, Agricultural Department Marketing, Guindy, Chennai - 32.

3.Erode Agricultural Marketing Committee, Rep. by its Secretary, Erode.

4.The Superintendent, Agricultural Marketing Committee, Erode, Erode District.

Dr.ANITA SUMANTH,J.

vs 31.01.2023