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1963 Supreme(Mad) 183

SRINIVASAN
Virudhunagar Malaipettai, Panju Market Sangam – Appellant
Versus
State of Madras – Respondent


Advocates Appeared:
Mohan Kumaramangalam for Mohan and K. Doraiswami, for Petitioners; Advocate General for Addl. Govt. Pleader and M.M. Ismail and B. Lakshminarayana Reddi, for Respondents.

Judgement

ORDER :- The petitioners herein are two sanghams. These sanghams are registered associations and they are running two markets in Virudhunagar. They are private markets. These markets are said to afford facilities to agriculturists who grow cotton and groundnut in and about the area. The markets provide weighing sheds, yards for drying groundnuts, godowns etc. In 1952, the Government directed the constitution of a Market Committee under Madras Act XX of 1933. Certain provisions of this Act were attacked as unconstitutional, but the contentions of these petitioners that any of the provisions of that Act involved an infringement of the right on the part of the petitioners to do business failed. But their Lordships of the Supreme Court left the question open whether any rules promulgated by the Government in exercise of the powers under the Act imposed an unreasonable restriction on the petitioners rights. That, in the opinion of their Lordships, could be decided only after a market was established at Virudhunagar pursuant to the notification issued by the Government.

2. Madras Act XX of 1933 was repealed and replaced by Act XXIII of 1959. The new Act practically adopted the pr




















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