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Madras High CourtWP/50449/2025disposed of

T.Iyyappa Raj v. The Chennai Metropolitan Development Authority

2025-12-26Honourable Mr.Justice V. Lakshminarayanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-12-2025

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN and WMP.No.56481 of 2025 T.Iyyappa Raj Petitioner(s) Vs

1. The Chennai Metropolitan Development Authority Rep By Its Member Secretary, No.1, Gandhi Irwin Road Egmore, Chennai-600 008 2.The Market Management Committee Rep By Its Chief Administrative Officer, Koyambedu Wholesale Market Complex, Koyambedu, Chennai-600 092 3.The Chief Administrative Office Koyambedu Wholesale Market Complex, Koyambedu, Chennai-600 092 4.Mrs.Sathi Devi W/o.C.A.Rajendran, No.34/38, 1st Cross Street, Olympic Colony Mogappair East, Chennai-600 037 Respondent(s) 1/6

PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the 2nd and 3rd respondents from interfering with the business of the petitioner at shop No.V/F/1 to an extent of 421/- sq.ft situated at Koyambedu vegetable market, Whole Sale Market Complex, Chennai, and further direct the 2nd respondent to dispose of the statutory appeal filed by the petitioner dated 18.12.2025. For Petitioner(s):

Mr.M.Raja Sekhar For Respondent:

Mr.V.Sudalai Selvan Standing Counsel (For CMDA) (For R1 to R3) For R4 - Notice Dispensed with

ORDER

Heard Mr.M.Raja Sekhar, learned counsel for the petitioner and Mr.V.Sudalai Selvan, learned standing counsel for respondents 1 to 3.

2. In the light of the order that I am going to pass, notice is dispensed with on fourth respondent.

3. The fourth respondent herein had purchased a shop bearing No.V/F/1 to an extent of 421 sq.ft. situated at Koyambedu Vegetable Market under the control of the second respondent from one Thirugnanasambandan. Thereafter, 2/6

the fourth respondent attempted to dispossess the petitioner. Since the fourth respondent attempted to interfere with his possession, he filed a suit in O.S.No.1184 of 2013 on the file of the V Assistant City Civil Court, Chennai. The suit is said to be pending. Taking note of the fact that the writ petitioner does not have a licence as required under the Tamil Nadu Specified Commodities Markets (Regulation of Location) Act, 1996, proceedings were initiated against the writ petitioner. The petitioner was initially unsuccessful. On appeal, the appellate authority set aside the order and remanded the same for fresh disposal. Yet again, an adverse order has been passed against the writ petitioner. Challenging the same, Mr.Raja Sekhar states that the petitioner has preferred the appeal on 18.12.2025. In the meantime, as the respondents 1 to 3 are attempting to forcibly dispossess the petitioner from the property, he is before this Court.

4. The petitioner has been strengthened by two orders of this Court in W.P.No.22040 of 2023 dated 24.07.2023 as well as W.P.No.36355 of 2025 dated 28.12.2023. The petitioner is carrying on business and in case he is dispossessed it will put him to deep loss and prejudice. Hence, this writ petition is disposed of with the following directions:

(i) The second respondent shall dispose of the statutory appeal preferred by the petitioner on 18.12.2025 on or before 3/6

30.01.2026;

(ii) Prior to passing the order, the second respondent shall hear the petitioner as well as the fourth respondent herein. In case, the second respondent is of the view that the petitioner or the fourth respondent attempting to drag on the matter, absolute discretion is given to him to pass appropriate orders even without their presence. Till the appeals are disposed of, there shall be an order of status quo. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

26-12-2025 kak/mmi Index:Yes/No To 1.The Chennai Metropolitan Development Authority Rep By Its Member Secretary, No.1, Gandhi Irwin Road Egmore, Chennai-600 008 2.The Market Management Committee 4/6

Rep By Its Chief Administration Officer, Koyambedu Wholesale Market Complex, Koyambedu, Chennai-600 092 3.The Chief Administrative Office Koyambedu Wholesale Market Complex, Koyambedu, Chennai-600 092 4.Mrs.Sathi Devi W/o.C.A.Rajendran, No.34/38, 1st Cross Street, Olympic Colony Mogappair East, Chennai-600 037 5/6

V.LAKSHMINARAYANAN, J.

kak/mmi 26-12-2025 6/6