This is a petition under Article 226 of the Constitution for the issue of a writ of mandamus, directing the first respondent to forbear from enforcing its notice S. No. 610, dated 11th July, 1957, calling upon the petitioner to pay cess for the groundnuts purchased from 23rd November, 1955, to 30th June, 1957, under section 11 (1) of the Madras, Commercial Crops Markets Act, 1933, Rule 28 (1) of the Madras Commercial Crops Markets Rules, 1948 and by-law 23 of the Coimbatore Market Committee by-laws.

The petitioner is a merchant carrying on business at Erode in the name of the Shanmugha Oil Mill engaged in the purchase and sale of groundnuts. He has taken a licence for dealing in groundnuts under section 5 (1) and 5 (3) of the Madras Commercial Crops Markets Act (Madras Act XX of 1933) which I shall refer hereafter as the Act. The first respondent is the Coimbatore Market Committee constituted under section 4-A of the Act. Coimbatore District is a notified area under the Act in respect of groundnuts and certain other commercial crops, such as cotton, tobacco and turmeric. As the petitioner’s business place is situated within the notified area, the Market Committee of Coimbator