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Madras High CourtWP/39426/2024disposed of

Chennai Koyambedu Flower Merchant Association v. The Member Secretary

2024-12-21Honourable Mr Justice C.V. Karthikeyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2024

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.39426 of 2024 and W.M.P.No.42690 of 2024 Chennai Koyambedu Flower Merchant Association, Represented by its Secretarym Mr.S.K.Jayaveeran FC - 118, FC-119, Kamarajar Flower Market, Koyambedu, Chennai 600 107 .. Petitioner Vs.

1.The Member Secretary, 2.The Secretary to Government, Housing and Urban Development Department, St. George Fort, Chennai 600 009.

3.The Chief Administrative Officer, Market Management Committee, Koyambedu Wholesale Market Complex, Koyambedu, Chennai - 600 107.

4.The Chief Executive Officer, .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents R1 to R4 to consider the representation letter dated 14.09.2024 and consequently provide an alternative route for the ingress and egress and parking of vehicles to import and export goods so that the shop owners, farmers and the public in the Vegetables, fruit and flower wholesale market complex situated in the Koyambedu Wholesale Market Complex at Koyambedu Chennai are not affected.

For Petitioner .. Mr.S.Thankira For Respondents .. Ms.K.Mageswari Standing Counsel for R1 Mr.V.Nanmaran Additional Government Pleader for R2 Mrs.P.Veena Suresh Standing Counsel for R3 & R4

ORDER

This writ petition has been filed in the nature of mandamus seeking a direction to the 1st and 3rd respondents primarily to consider the representation dated 14.09.2024 given by the petitioner herein.

2.The petitioner is the Chennai Koyambedu Flower Merchant Association and is represented by its Secretary. It is stated that the represent the flower merchants in the Koyambedu Wholesale Market. It is further stated that a tender for construction for development of a park in front of the Koyambedu market was published on 15.02.2024 by Tender Notification No.31059050 by the 1st respondent. Thereafter, it is stated that the 1st respondent had decided to construct a park, gymnasium and cinema theater on the land. It is further stated that the land has been classified as market use by the 3rd respondent. Contending that if the said construction is permitted, this would obstruct free flow of vehicles through and out of the market, the petitioner Association had given a representation on 14.09.2024.

3.It is contended on behalf of the respondents that construction has commenced and it had also been stated that there are directions that land reserved for open space, should be developed further. It is stated that the tender had been issued in the month of February 2024 itself and bids had been called for and a contractor also been appointed. The petitioner had not questioned the tender notification, but rather, after the construction had commenced, filed the present writ petition. Even in this writ petition, the primary relief sought is to consider the representation given by the petitioner herein. The 1st and 3rd respondents may invite the office bearers of the petitioner Association

and have a discussion with them about the ensuing construction which is put up and also to facilitate parking of vehicles and movement of vehicles to and from from the flower market. Let the discussion be had on all those aspects. A decision may be taken after hearing of the petitioner also.

4.The writ petition stands disposed of. It will only be appropriate that the representation is examined and a discussion with the office bearers of the petitioner Association is had in the first week of January 2025. No Costs. Consequently, connected miscellaneous petition is closed.

21.12.2024 Index:Yes/No Internet:Yes/No Speaking Order/Non-Speaking Order ssr To 1.The Member Secretary,

2.The Secretary to Government, Housing and Urban Development Department, St. George Fort, Chennai 600 009.

3.The Chief Administrative Officer, Market Management Committee, Koyambedu Wholesale Market Complex, Koyambedu, Chennai - 600 107.

4.The Chief Executive Officer,

C.V.KARTHIKEYAN,J.

ssr W.P.No.39426 of 2024 and W.M.P.No.42690 of 2024 21.12.2024