IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 16-02-2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.1330 of 2010 and M.P.No.1 of 2010 1.M/s.Sri Venkateswara Traders, Rep. By its Sole Proprietor, R.Narayanan, 11, South Madavilagam, Thiruvidaimaruthur, Thanjavur District. 2.N.Balaji 3.M/s.Srinivasa Traders, Rep. By its Sole Proprietor, 95, T.Ravi, Gandhiji Road, Paruthikudi, Thiruvidaimaruthur Taluk, Thanjavur District. 4.K.Kannan 5.M/s.Sri Maruthi Traders, Rep. By Sole Proprietor, T.Mohan, 11A, Main Road, Thiruppanipet, Thiruvidaimaruthur, Thanjavur District. 6.Sri Venkateswara Traders, Rep. By its Sole Proprietor, M.Arivazhagan, 2/417, Nadu Theru, Manakkunnam, Anaikkarai Post, Thiruvidaimaruthur Taluk, Thanjavur District. .. Petitioner. Versus 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.Thajavur Agricultural Marketing Committee, Rep. By its Secretary, Thanjavur. 4.The Superintendent Agricultural Marketing Committee, Thirupunathal, Thiruvidaimaruthur Taluk, Thanjavur District. .. Respondents. Prayer: Petition filed seeking for a Writ of Mandamus, forbearing the respondents from enforcing the provisions of the Tamil Nadu Agricultural Produce Marketing (Regulations) Act, 1987, and the Rules made there under or Bye-laws by any Marketing Committee in respect of purchase of any notified agricultural produce effected outside the notified market area and sold inside or outside issued in the Government Gazzette in G.O.Ms.No.3 and 4, dated 3.1.2003, issued by the first respondent, the market area. For Petitioner : Ms.R.T.Shyamala For Respondents : Mr.P.Srinivas O R D E R
Heard the learned counsel appearing for the petitioners and the learned counsels appearing for the respondents.
2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioners had submitted that it would suffice if the petitioners are directed to bring to the notice of the respondents, by way of an application, the products which have not been purchased or sold, within the notified market area, within a period of two weeks from the date of receipt of a copy of this order and on receipt of such an application from the petitioners, if the competent authority of the Agricultural Marketing Committee concerned is directed to decide the claims and pass final orders thereon, within a specified period. The learned counsel appearing for the petitioners had also placed before this Court a number of orders passed by this Court, in W.P.Nos.18746 of 2009 (batch), dated 14.9.2009, W.P.No.25658 of 2009, dated 11.12.2009 and W.P.Nos.1074 of 2010, dated 22.1.2010.
3. The learned counsel appearing on behalf of the respondents, has no objection for such an order being passed by this Court.
4. In view of the submissions made by the learned counsels appearing on either side, the petitioners are directed to bring to the notice of the respondents, by way of an application, the products which have not been purchased or sold, within the notified market area, within a period of two weeks from the date of receipt of a copy of this order and on receipt of such an application from the petitioners, the competent authority of the Agricultural Marketing Committee concerned shall decide the claims of such petitioners and pass final orders thereon, within a period of one month from the date of receipt of such application, after giving an opportunity of hearing to such petitioners.
The writ petition is disposed of, with the above directions. No costs. Consequently, connected miscellaneous petition is closed.
csh
To
1. The Secretary.
State of Tamil Nadu,
Secretary to Government,
Agricultural Department,
Fort St.George, Chennai-9.
2. The Commissioner,
The Tamil Nadu State
Agricultural Marketing Board,
Agricultural Department Marketing,
Guindy, Chennai-32.
3.The Secretary,
Thajavur Agricultural Marketing Committee,
Thanjavur.
4.The Superintendent
Agricultural Marketing Committee,
Thirupunathal,
Thiruvidaimaruthur Taluk,
Thanjavur District