The Virudhunagar Cotton Merchants Association, v. The State Of Tamil Nadu,

1 W.P.(MD)NO.17327 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.17327 of 2022 AND W.M.P.(MD)No.12639 of 2022 The Virudhunagar Cotton Merchants Association, No.1, Kandhapuram Street, Virudhunagar 626 001, Rep. by its Secretary, N.Ramdas ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Agriculture and Farmers Welfare Department, Fort St. George, Secretariat, Chennai - 600 009.

2. The Director, Department of Agriculture Marketing & Agri Business, 100 Feet Road, SIDCO Industrial Estate, Guindy, Chennai - 600 032.

3. The Secretary, Virudhunagar Market Committee, Madurai Road, Virudhunagar 626 001.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from levying market fee in respect of sale or 1/4

2 W.P.(MD)NO.17327 OF 2022 purchase of cotton seed outside the notified market area viz., Virudhunagar Regulated Market.

For Petitioner : Mr.G.Sankaran For Respondents : Mr.Veerakathiravan, Additional Advocate General, assisted by, Mr.D.Gandhiraj, Special Government Pleader.

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O R D E R

Heard the learned counsel appearing for the petitioner and the learned Additional Advocate General assisted by the learned Special Government Pleader appearing for the respondents.

2. The petitioners filed this writ petition as the market committee proposed to levy fee on the petitioner's transactions on the strength of G.O.(Ms).No.84 Agriculture and Farmers Welfare [AM2(1)] Department dated 23.04.2022. The members of the petitioner association are dealing in cotton seeds. G.O.(Ms)No.84 has been cancelled vide G.O. (Ms)No.1 dated 03.01.2023. Now the cotton seed is not a 2/4

3 W.P.(MD)NO.17327 OF 2022 notified commodity. Therefore, nothing survives for further adjudication in this writ petition.

3. The writ petition is disposed of with a direction to the respondents that on the strength of G.O.(Ms)No.84 Agriculture and Farmers Welfare [AM2(1)] Department dated 23.04.2022, the respondents shall not interfere with the business of the petitioner herein. No costs. Consequently, connected miscellaneous petition is closed.

25.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The Principal Secretary to Government, Agriculture and Farmers Welfare Department, Fort St. George, Secretariat, Chennai - 600 009.

2. The Director, Department of Agriculture Marketing & Agri Business, 100 Feet Road, SIDCO Industrial Estate, Guindy, Chennai - 600 032.

3. The Secretary, Virudhunagar Market Committee, Madurai Road, Virudhunagar 626 001.

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4 W.P.(MD)NO.17327 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.17327 of 2022 25.08.2023 4/4