Dr.Ambedkar Sumaithukkum v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.07.2016 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.26149 of 2009 and M.P.Nos.1 and 2 of 2010 Dr.Ambedkar Sumaithukkum Thozhilalar Nalla Sangam, Rep. By its President, P.A.Joseph.
.. Petitioner -vs1.The Secretary, Housing and Urban Development Dept., Fort St. George, Secretariat Building, Chennai.
2.The Secretary, Municipal and Local Administration, Fort St. George, Secretariat Building, Chennai.
3.The Member Secretary, Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai 600 008.
4.The Koyambedu Market Management Committee, rep. By its Chairman, CMD, Gandhi Irwin Road, Egmore, Chennai 600 008.
5.The Chief Administrative Officer, Market Management Committee, Koyambedu Wholesale Market Complex, Koyambedu, Chennai.
6.The Commissioner, Corporation of Chennai, Ripon Building, Chennai.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 and 2 to probe in to the complaints made by the petitioner association by their representation dated 03.12.2009 and 04.12.2009 whereby initiate action against the Koyambedu Market Management Committee by invoking Tamil Nadu Specified Commodities market (Regulation of Location) Act, 1996 and consequently, direct respondents 1 and 2 to appoint Special Officer for the purpose of managing the Koyambedu Wholesale Market Complex.
For Petitioner :
Mr.E.Vijay Anand For Respondents :
Mr.S.T.S.Murthi, Govt. Pleader, assisted by Mr.V.Shanmugasundar, G.A.
For RR 1 and 2 :
Mr.Rajusrinivas for R-3 :
Mr.K.Soundararajan for R-6 :
Mr.G.Purushothaman and Mr.K.Ravi Anantha Padmanabhan, Adv. Commissioners.
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O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) The writ petition has been filed as a public interest litigation by the association of loadmen in respect of the unpalatable conditions in the Koyambedu wholesale market complex dealing with vegetables, fruits and flowers. Photographs have been annexed to show the pitiable conditions and fresh photographs have been produced before us today to suggest that there is no improvement over this period of time. 2.We may notice that the Court appointed two Local Commissioners to inspect the area and they have submitted a report along with recommendations. It appears that thereafter nothing has transpired for the last six years and the result of the recommendations is also not known.
3.It is needless to say that the large wholesale market must have appropriate facilities. There should be clear demarcated areas for loading and unloading, vehicles stopping, proper electricity connections, bathroom and other civic facilities. All these seem to be completely absent as apparent
from the photographs and the report.
4.On our query, learned Government Pleader states that the fourth and fifth respondents look after the area being the Chairman and Chief Administrative Officer of the Market Management Committee. The photographs are a reflection of what they are not doing rather than what they are doing. This situation cannot be permitted to prevail.
5.We, thus, call upon the Principal Secretary, CMDA / third respondent to examine the recommendations of the Advocate Commissioners and set forth a plan to revamp the area properly. The final plan of action with stipulated time periods should be placed before us by the next date, whereafter we will monitor its implementation.
6.Writ petition is closed with the aforesaid directions. No costs. Consequently, connected M.Ps. also stand closed. 7.List for compliance on 23.09.2016.
8.The compliance report qua the plan of action with bar charts showing time periods of compliance to be filed at least three days before the next date of hearing, with advance copy to the learned counsel for the petitioner.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar sra To 1.The Secretary, Housing and Urban Development Dept., Fort St. George, Secretariat Building, Chennai.
2.The Secretary, Municipal and Local Administration, Fort St. George, Secretariat Building, Chennai.
3.The Member Secretary, Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai 600 008.
4. The Chairman, The Koyambedu Market Management Committee, CMDA, Gandhi Irwin Road, Egmore, Chennai 600 008.
5.The Chief Administrative Officer, Market Management Committee, Koyambedu Wholesale Market Complex, Koyambedu, Chennai.
6.The Commissioner, Corporation of Chennai, Ripon Building, Chennai.
7.The Section Officer, Writ Section High Court Madras (Watching the Report and list the Case on 23/9/2016 +1 cc to Mr.E.Vijay Anand, Advocate sr.40565 +1 cc to Goverrnment pleader sr.40265 W.P.No.26149 of 2009 aa27/07/2016